TOURISM, ARTS AND HERITAGE CABINET

Kentucky Department of Fish and Wildlife Resources

(Amendment)

 

      301 KAR 1:201. Taking of fish by traditional fishing methods.

 

      RELATES TO: KRS 150.010, 150.170, 150.175, 150.340, 150.620, 150.990

      STATUTORY AUTHORITY: KRS 150.025(1), 150.470

      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 creel limits and methods of take, and to make these requirements apply to a limited area. KRS 150.470 authorizes the department to promulgate administrative regulations for creel and size limits for fish. This administrative regulation establishes fish size limits, daily creel limits, and possession limits for fishing.

 

      Section 1. Definitions. (1) "Artificial bait" means a lure, bare hook, or fly made of wood, metal, plastic, feathers, preserved pork rind, or a similar inert material.

      (2) "Chumming" means placing substances in the water for the purpose of attracting fish to a particular area.

      (3) "Culling" means releasing a previously caught fish that an angler has kept as a part of a daily creel limit and replacing it with another fish of the same species.

      (4) "Daily creel limit" means the maximum number of a particular species or group of species a person may legally take in one (1) calendar day while fishing.

      (5) "Lake" means impounded waters from the dam upstream to the first riffle on the main stem river and tributary streams.

      (6) "Possession limit" means the maximum number of unprocessed fish a person may hold after two (2) or more days of fishing.

      (7) "Processed fish" means a fish that has been gutted and head removed.

      (8) "Release" means to return a fish to the water from which it was taken immediately after removing the hook.

      (9) "Single hook" means a hook with no more than one (1) point.

      (10) "Size limit" means the minimum legal length of a fish that is measured by laying the fish flat on a ruler with the mouth closed and tail lobes squeezed together.

      (11) "Slot limit" means a size range of a fish species that shall be released by an angler.

      (12) "Traditional fishing methods" means the act of taking or attempting to take for noncommercial purposes any freshwater fish species using:

      (a) Hook and line in hand; or

      (b) Rod in hand.

      (13) "Unprocessed fish" means the whole fish prior to being processed.

 

      Section 2. Statewide Limits and Requirements. (1) A person taking fish from public or private waters using traditional fishing methods shall observe the following daily creel limits and size limits, except as established in Section 3 of this administrative regulation or pursuant to 301 KAR 1:180.

      (a) Black bass daily creel limit, six (6).

      1. Largemouth bass and smallmouth bass size limit, twelve (12) inches.

      2. Kentucky bass and Coosa bass, no size limit;

      (b) Rock bass daily creel limit, fifteen (15);

      (c) Sauger, walleye, and their hybrids daily creel limit, singly or in combination, six (6); size limit, walleye and their hybrids, fifteen (15) inches; no size limit for sauger;

      (d) Muskellunge daily creel limit, one (1); size limit, thirty (30) inches;

      (e) Chain pickerel daily creel limit, five (5); no size limit;

      (f) White bass and hybrid striped bass daily creel limit, singly or in combination, fifteen (15); size limit, no more than five (5) fish in a daily creel limit or ten (10) fish in a possession limit shall be fifteen (15) inches or longer;

      (g) Striped bass daily creel limit, five (5); size limit, fifteen (15) inches;

      (h) Crappie daily creel limit, thirty (30); no size limit;

      (i) Trout.

      1. No culling statewide.

      2. Rainbow trout and brown trout daily creel limit, singly or in combination, eight (8), no more than three (3) of which shall be brown trout.

      3. No size limit on rainbow trout.

      4. Twelve (12) inch size limit on brown trout.

      5. Brook trout, catch and release only;

      (j) Redear sunfish daily creel limit, twenty (20); no size limit; and

      (k) Yellow bass daily creel limit, thirty (30); no size limit.

      (2) The possession limit shall be two (2) times the daily creel limit, except as established in Section 3 of this administrative regulation.

      (3) A person shall release grass carp caught from a lake owned or managed by the department.

      (4) A person shall release any:

      (a) Lake sturgeon; or

      (b) Alligator gar.

      (5) A person shall release fish:

      (a) Below the minimum size limits established by this administrative regulation;

      (b) Within a protected slot limit established by this administrative regulation; or

      (c) Of a particular species if a person already possesses the daily creel limit for that species.

      (6) A person shall not possess more than one (1) daily creel limit of processed or unprocessed fish while:

      (a) Fishing;

      (b) On the shoreline; or

      (c) On the water.

      (7) A fishing tournament organizer or representative, excluding a tournament angler, may possess more than the daily creel limit of tournament caught fish:

      (a) At the weigh-in site;

      (b) At the release site; or

      (c) While transporting live fish from a remote weigh-in site back to the water body of origin for release.

      (8) A fishing tournament organizer or representative, excluding a tournament angler, may possess more than the daily creel limit of unprocessed tournament caught fish that expired at the sites established in subsection (7) of this section for subsequent disposal by one (1) of the[following] methods established in paragraphs (a) through (c) of this subsection:

      (a) Bagged, sealed, and placed in a garbage dump;

      (b) Donated to a charity for the purposes of human consumption; or

      (c) Transferred to a conservation officer or another agent of the department.

      (9) A person shall not remove the head or tail of any fish for which a size limit or daily creel limit exists while:

      (a) Fishing;

      (b) On the shoreline; or

      (c) On the water.

      (10) A person may possess sport fish below the size limit or beyond the possession limit if the person:

      (a) Obtains the fish from a licensed fish propagator or other legal source; and

      (b) Retains a receipt or other written proof that the fish were legally acquired.

      (11) A person shall release all caught trout unless the person:

      (a) Has a valid trout permit;

      (b) Is exempted from trout permit requirements pursuant to KRS 150.170(2); or

      (c) Is fishing in a licensed pay lake stocked with trout by the lake operator.

      (12) A person fishing in an artificial bait-only area shall not attach any of the[following] items established in paragraphs (a) through (h) of this subsection to the artificial bait:

      (a) An insect;

      (b) Minnow;

      (c) Fish egg;

      (d) A worm;

      (e) Corn;

      (f) Cheese;

      (g) Cut bait; or

      (h) A similar organic bait substance including dough bait and putty or paste-type bait designed to attract fish by taste or smell.

      (13) The fishing season shall be open year round.

 

      Section 3. Exceptions. All other provisions of this administrative regulation shall apply to the bodies of water listed in this section, with the exceptions established in subsections (1) through (77)[(76)] of this section:

      (1)[AJ Jolly Lake. A person shall release all flathead catfish;

      (2)] Bad Branch, Letcher County. A person shall only fish with artificial bait with a single hook;

      (2)[(3)] Barkley Lake.

      (a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

      (b) Crappie size limit, ten (10) inches; daily creel limit, twenty (20).

      (c) Sauger size limit, fourteen (14) inches;

      (3)[(4)] Barren River Lake.

      (a) Crappie size limit, nine (9) inches.

      (b) Largemouth and smallmouth bass size limit, fifteen (15) inches, except that a person may keep one (1) bass under fifteen (15) inches within a daily creel limit.

      (c) Barren River Lake shall extend up:

      1. Barren River to the Highway 100 bridge;

      2. Long Creek to the Highway 100 bridge;

      3. Beaver Creek to the Highway 1297 bridge;

      4. Skaggs Creek to the Mathews Mill Road bridge; and

      5. Peter Creek to the Peter Creek Road bridge;

      (4)[(5)] Beaver Lake, Anderson County.

      (a) Largemouth bass size limit, fifteen (15) inches.

      (b) Channel catfish size limit, twelve (12) inches.

      (c) A person shall not possess shad or use shad as bait;

      (5)[(6)] Bert Combs Lake, Clay County. A person shall not possess shad or use shad as bait;

      (6)[(7)] Beshears Lake, Caldwell County. Channel catfish size limit, twelve (12) inches;

      (7)[(8)] Boltz Lake, Grant County.

      (a) A person shall not possess shad or use shad as bait.

      (b) Channel catfish size limit, twelve (12) inches;

      (8)[(9)] Briggs Lake, Logan County. A person shall not possess shad or use shad as bait;

      (9)[(10)] Buckhorn Lake.

      (a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

      (b) Muskellunge size limit, thirty-six (36) inches.

      (c) Crappie size limit, nine (9) inches;

      (10)[(11)] Bullock Pen Lake, Grant County. Channel catfish size limit, twelve (12) inches;

      (11)[(12)] Carnico Lake, Nicholas County. Largemouth bass size limit, fifteen (15) inches;

      (12)[(13)] Carpenter Lake, Daviess County. A person shall not possess shad or use shad as bait;

      (13)[(14)] Carr Creek Lake.

      (a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

      (b) Crappie size limit, nine (9) inches;

      (14)[(15)] Carter Caves State Park Lake, Carter County.

      (a) Fishing shall be during daylight hours only.

      (b) Largemouth bass.

      1. There shall be a slot limit between twelve (12) and fifteen (15) inches.

      2. The daily creel limit shall not include more than one (1) fish greater than fifteen (15) inches.

      (c) A person shall not possess shad or use shad as bait;

      (15)[(16)] Cave Run Lake.

      (a) Largemouth bass. There shall be a slot limit between thirteen (13) and sixteen (16) inches.

      (b) Smallmouth bass size limit, eighteen (18) inches.

      (c) Muskellunge size limit, thirty-six (36) inches;

      (16)[(17)] Cedar Creek Lake, Lincoln County.

      (a) Largemouth bass size limit, twenty (20) inches; daily creel limit, one (1).

      (b) Channel catfish size limit, twelve (12) inches[. (c) A person shall not possess shad or use shad as bait];

      (17)[(18)] Chimney Top Creek, Wolfe County. Brown trout size limit, sixteen (16) inches; daily creel limit, one (1); artificial bait only;

      (18)[(19)] Corinth Lake, Grant County.

      (a) A person shall not possess shad or use shad as bait.

      (b) Channel catfish size limit, twelve (12) inches;

      (19)[(20)] Cumberland Lake shall extend up:

      (a) The Cumberland River to Cumberland Falls;

      (b) The Big South Fork to Devils Jump;

      (c) The Rockcastle River to The Narrows; and

      (d) The Laurel River to Laurel River Dam:

      1. Largemouth bass size limit, fifteen (15) inches.

      2. Smallmouth bass size limit, eighteen (18) inches.

      3. Striped bass size limit, twenty-two (22) inches; daily creel limit, two (2).

      4. Crappie size limit, ten (10) inches;

      (20)[(21)] Cumberland River downstream from Barkley Lake Dam. Sauger size limit, fourteen (14) inches;

      (21)[(22)] Cumberland River from Wolf Creek Dam downstream to the Kentucky-Tennessee state line and tributaries, except for a portion of Hatchery Creek in Russell County as established in subsection (37)[(38)] of this section.

      (a) Brown trout size limit, twenty (20) inches; daily creel limit one (1).

      (b) Brook trout size limit, fifteen (15) inches; daily creel limit one (1).

      (c) Rainbow trout. There shall be a slot limit between fifteen (15) and twenty (20) inches; daily creel limit five (5), which shall not include more than one (1) fish greater than twenty (20) inches.

      (d) A trout permit shall be required to fish the Cumberland River below Wolf Creek Dam to the Tennessee state line including the Hatchery Creek and all other tributaries upstream to the first riffle.

      (e) Chumming shall not be permitted in the Cumberland River below Wolf Creek Dam to the Tennessee state line including the Hatchery Creek and all other tributaries upstream to the first riffle;

      (22)[(23)] Dale Hollow Lake.

      (a) Smallmouth bass. There shall be a slot limit between sixteen (16) and twenty-one (21) inches. The daily creel limits shall not include more than one (1) fish less than sixteen (16) inches long and one (1) fish greater than twenty-one (21) inches long.

      (b) Walleye and any walleye hybrid daily creel limit, five (5); size limit, sixteen (16) inches.

      (c) Sauger daily creel limit, ten (10); size limit, fourteen (14) inches.

      (d) Rainbow trout and brown trout, no size limit; daily creel limit, seven (7), singly or in combination.

      (e) Largemouth bass size limit, fifteen (15) inches.

      (f) Black bass aggregate daily creel limit, five (5), no more than two (2) of which shall be smallmouth bass.

      (g) Crappie size limit, ten (10) inches; daily creel limit, fifteen (15);

      (23)[(24)] Dewey Lake.

      (a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

      (b) Blue and channel catfish aggregate creel limit of fifteen (15), only one (1) of which shall be longer than twenty-five (25) inches.

      (c) Muskellunge size limit, thirty-six (36) inches;

      (24)[(25)] Dix River for two (2) miles downstream from Herrington Lake Dam. A person shall only fish with artificial bait;

      (25)[(26)] Doe Run Lake, Kenton County.

      (a) Largemouth bass size limit, fifteen (15) inches; daily creel limit, three (3).

      (b) Channel catfish daily creel limit, four (4).

      (c) A person shall not possess shad or use shad as bait;

      (26)[(27)] Dog Fork, Wolfe County. A person shall only fish with an artificial bait with a single hook;

      (27)[(28)] Elkhorn Creek downstream from the confluence of the North and South forks to the first shoal located 3,400 feet above its confluence with the Kentucky River, as posted with signs. Largemouth bass and smallmouth bass.

      (a) There shall be a slot limit between twelve (12) and sixteen (16) inches.

      (b) The daily creel limit shall not include more than two (2) fish greater than sixteen (16) inches;

      (28)[(29)] Elmer Davis Lake, Owen County.

      (a) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches.

      (b) Channel catfish size limit, twelve (12) inches.

      (c) A person shall not possess shad or use shad as bait;

      (29)[(30)] Fishtrap Lake.

      (a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

      (b) Crappie size limit, nine (9) inches.

      (c) Blue and channel catfish aggregate daily limit of fifteen (15), only one (1) of which shall be longer than twenty-five (25) inches;

      (30)[(31)] Floyd’s Fork Creek, from Highway 60 downstream to Bardstown Road in Jefferson County. Largemouth and smallmouth bass size limit, fifteen (15) inches; daily creel limit, one (1);

      (31)[(32)] Golden Pond at the Visitors' Center at Land Between the Lakes. Channel catfish, daily limit, five (5); size limit, fifteen (15) inches;

      (32)[(33)] General Butler State Park Lake, Carroll County.

      (a) Largemouth bass size limit, fifteen (15) inches; daily creel limit, three (3).

      (b) Channel catfish daily creel limit, four (4).

      (c) A person shall not possess shad or use shad as bait;

      (33)[(34)] Grayson Lake. Largemouth bass and smallmouth bass size limit, fifteen (15) inches;

      (34)[(35)] Greenbo Lake, Greenup County.

      (a) A person shall not possess shad or use shad as bait.

      (b) Bluegill and sunfish daily and possession limit, fifteen (15) fish;

      (35)[(36)] Green River Lake.

      (a) Crappie size limit, nine (9) inches.

      (b) Muskellunge size limit, thirty-six (36) inches;

      (36)[(37)] Guist Creek Lake, Shelby County. Channel catfish size limit twelve (12) inches;

      (37)[(38)] Hatchery Creek, Russell County.

      (a) A person fishing for trout in the upper rip-rap area of the creek shall follow the size and creel limits for trout for the Cumberland River below Wolf Creek Dam established in subsection (21)[(22)] of this section.

      (b) A person fishing for trout in the lower portion of the creek, as denoted by signs, shall:

      1. Only use artificial bait; and

      2. Release all trout;

      (38)[(39)] Jerrico Lake, Henry County.

      (a) Largemouth bass size limit, fifteen (15) inches.

      (b) A person shall not possess shad or use shad as bait;

      (39)[(40)] Kentucky Lake and the canal connecting Kentucky and Barkley lakes.

      (a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

      (b) Crappie size limit, ten (10) inches; daily limit, twenty (20).

      (c) Sauger size limit, fourteen (14) inches;

      (40) Kentucky River WMA, Boone Tract, Benjy Kinman Lake.

      (a) Largemouth bass. Catch and release only.

      (b) Crappie daily creel limit, fifteen (15).

      (c) Sunfish daily creel limit, fifteen (15).

      (d) Catfish daily creel limit, four (4);

      (41) Kentucky River WMA, Boone Tract, excluding Benjy Kinman Lake.

      (a) Largemouth bass size limit, fifteen (15) inches; daily creel limit, one (1).

      (b) Crappie daily creel limit, fifteen (15).

      (c) Sunfish daily creel limit, fifteen (15).

      (d) Catfish daily creel limit, four (4);

      (42) Kincaid Lake, Pendleton County. Channel catfish size limit, twelve (12) inches;

      (43)[(42)] Lake Blythe, Christian County. Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

      (44)[(43)] Lake Malone, Muhlenberg and Logan County.

      (a) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches.

      (b) Channel catfish size limit, twelve (12) inches;

      (45)[(44)] Lake Mingo, Jessamine County. A person shall not possess shad or use shad as bait;

      (46)[(45)] Lake Pollywog, Grant County. A person shall not possess shad or use shad as bait;

      (47)[(46)] Lake Reba, Madison County.

      (a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches; daily creel limit three (3).

      (b) Channel and blue catfish size limit, twelve (12) inches.

      (c) A person shall not possess shad or use shad as bait;

      (48)[(47)] Lake Shelby, Shelby County.

      (a) Largemouth bass size limit, fifteen (15) inches; daily creel limit, three (3).

      (b) Channel catfish daily creel limit, four (4).

      (c) A person shall not possess shad or use shad as bait;

      (49)[(48)] Laurel River Lake.

      (a) Largemouth bass size limit, fifteen (15) inches.

      (b) Smallmouth bass size limit, eighteen (18) inches; daily creel limit, two (2).

      (c) Crappie size limit, nine (9) inches; daily creel limit, fifteen (15);

      (50)[(49)] Lebanon City Lake (Fagan Branch), Marion County. Largemouth bass and smallmouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

      (51)[(50)] Leary Lake, Grant County.

      (a) A person shall not fish except during daylight hours.

      (b) Largemouth bass size limit, fifteen (15) inches; daily creel limit, three (3).

      (c) Channel catfish daily limit, four (4);

      (52)[(51)] Lincoln Homestead Lake, Washington County.

      (a) A person shall not fish except during daylight hours.

      (b) Largemouth bass size limit, fifteen (15) inches; daily creel limit, three (3).

      (c) Channel catfish daily creel limit, four (4).

      (d) A person shall not possess shad or use shad as bait;

      (53)[(52)] Marion County Lake.

      (a) Largemouth bass size limit, fifteen (15) inches.

      (b) A person shall not possess shad or use shad as bait;

      (54)[(53)] McNeely Lake, Jefferson County.

      (a) Channel and blue catfish size limit, twelve (12) inches.

      (b) A person shall not possess shad or use shad as bait;

      (55)[(54)] Mill Creek Lake, Powell County.

      (a) Largemouth bass size limit, fifteen (15) inches; daily creel limit, three (3).

      (b) A person shall not possess shad or use shad as bait;

      (56)[(55)] New Haven Optimist Lake, Nelson County.

      (a) Largemouth bass size limit, fifteen (15) inches; daily creel limit, three (3).

      (b) Channel catfish daily creel limit, four (4).

      (c) A person shall not possess shad or use shad as bait;

      (57)[(56)] Nolin River Lake shall extend up Bacon Creek to Highway 178 and to Wheelers Mill Road Bridge on the Nolin River.

      (a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches except that the daily creel limit may contain one (1) bass under fifteen (15) inches.

      (b) Crappie size limit, nine (9) inches;

      (58)[(57)] Ohio River.

      (a) Walleye, sauger, and any hybrid thereof, no size limit; daily creel limit, ten (10), singly or in combination.

      (b) White bass, striped bass, and any hybrid thereof, daily creel limit, thirty (30), no more than four (4) in the daily creel limit shall be fifteen (15) inches or greater.

      (c) The blue catfish daily creel limit shall be unlimited, except that no more than one (1) fish in the daily creel limit shall be thirty-five (35) inches or longer.

      (d) The channel catfish daily creel limit shall be unlimited, except that no more than one (1) fish in the daily creel limit shall be twenty-eight (28) inches or longer.

      (e) The flathead catfish daily creel limit shall be unlimited, except that no more than one (1) fish in the daily creel limit shall be thirty-five (35) inches or longer;

      (59)[(58)] Otter Creek, Meade County.

      (a) Smallmouth and largemouth bass. There shall be a slot limit between twelve (12) and sixteen (16) inches.

      (b) Daily limit shall not include more than one (1) smallmouth or largemouth bass over sixteen (16) inches;

      (60)[(59)] Paint Creek between upper Highway 460 Bridge and Highway 40 Bridge, Johnson County. Trout size limit, sixteen (16) inches; daily creel limit, one (1); artificial bait only;

      (61)[(60)] Paintsville Lake.

      (a) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches.

      (b) Smallmouth bass size limit, eighteen (18) inches;

      (62)[(61)] Parched Corn Creek, Wolfe County. A person shall only fish with an artificial bait with a single hook;

      (63)[(62)] Pennyrile Lake, Christian County. Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

      (64)[(63)] Pikeville City Lake, Pike County. A person shall release largemouth bass;

      (65)[(64)] Poor Fork and its tributaries in Letcher County downstream to the first crossing of Highway 932. A person shall only fish with an artificial bait with a single hook;

      (66)[(65)] Reformatory Lake, Oldham County. Channel and blue catfish size limit, twelve (12) inches;

      (67)[(66)] Rough River Lake.

      (a) Crappie size limit, nine (9) inches.

      (b) Largemouth bass and smallmouth bass size limit, fifteen (15) inches, except that the daily creel limit may contain one (1) bass under fifteen (15) inches;

      (68)[(67)] Shanty Hollow Lake, Warren County.

      (a) Largemouth bass size limit, fifteen (15) inches.

      (b) Channel catfish size limit, twelve (12) inches.

      (c) A person shall not possess shad or use shad as bait;

      (69)[(68)] Shillalah Creek, Bell County, outside the Cumberland Gap National Park. A person shall only fish with an artificial bait with a single hook;

      (70)[(69)] Sportsman's Lakes, Franklin County. A person shall not possess or use shad as bait;

      (71)[(70)] Spurlington Lake, Taylor County. A person shall not possess shad or use shad as bait;

      (72)[(71)] Sympson Lake, Nelson County. Largemouth bass size limit, fifteen (15) inches;

      (73)[(72)] Taylorsville Lake, including the impounded waters of the lake to Dry Dock Road Bridge on the Salt River.

      (a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

      (b) Blue and channel catfish:

      1. Aggregate daily creel limit of fifteen (15); and

      2. Only one (1) fish of either species in the aggregate daily creel limit shall be longer than twenty-five (25) inches.

      (c) Crappie size limit, nine (9) inches; daily creel limit, fifteen (15);

      (74)[(73)] Tennessee River downstream from Kentucky Lake Dam. Sauger size limit, fourteen (14) inches;

      (75)[(74)] Trammel Creek, Allen County. Brown trout size limit, sixteen (16) inches; daily creel limit, one (1);

      (76)[(75)] Wood Creek Lake. Largemouth and smallmouth bass size limit, fifteen (15) inches; and

      (77)[(76)] Yatesville Lake: Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

 

      Section 4. Creel and Size Limits for Waters Containing Rockcastle Strain Walleye. (1) Rockcastle Strain Walleye Waters.

      (a) Barren River and tributaries upstream from Lock and Dam 1, including Barren River Lake;

      (b) Cumberland River and tributaries above Cumberland Falls;

      (c) Kentucky River and tributaries upstream from Lock and Dam 14;

      (d) Middle Fork Kentucky River and tributaries;

      (e) North Fork Kentucky River below Carr Creek Dam and tributaries;

      (f) South Fork Kentucky River and tributaries;

      (g) Levisa Fork River and tributaries upstream from Fishtrap Lake, including Fishtrap Lake;

      (h) Martins Fork Lake;

      (i) Rockcastle River and tributaries; and

      (j) Wood Creek Lake.

      (2) There shall be a slot limit between eighteen (18) and twenty-six (26) inches and a daily creel limit of two (2) for walleye in the waters established in subsection (1) of this section.

 

      Section 5. Seasonal Catch and Release for Trout. (1) There shall be a catch and release trout season from October 1 through March 31 for the bodies of water established[listed] in subsection (3) of this section.

      (2) A person shall:

      (a) Only use artificial bait; and

      (b) Release all trout.

      (3) The streams established in paragraphs (a) through (n) of this subsection shall be open for the catch and release trout season:

      (a) Bark Camp Creek in Whitley County;

      (b) Beaver Creek from Highway 90 Bridge upstream to Highway 200 Bridge in Wayne County;

      (c) Big Bone Creek within Big Bone Lick State Park in Boone County;

      (d) Cane Creek in Laurel County;

      (e) Casey Creek in Trigg County;

      (f) Clear Creek from mouth upstream to 190 Bridge in Bell County;

      (g) East Fork of Indian Creek in Menifee County;

      (h) Elk Spring Creek in Wayne County;

      (i) Floyd’s Fork Creek in Jefferson County from Highway 60 downstream to Bardstown Road;

      (j) Left Fork of Beaver Creek in Floyd County from Highway 122 Bridge upstream to the headwater;

      (k) Middle Fork of Red River in Natural Bridge State Park in Powell County;

      (l) Otter Creek in Meade County on the Fort Knox Reservation and Otter Creek Park;

      (m) Rock Creek from the Bell Farm Bridge to the Tennessee state line in McCreary County; and

      (n) Trammel Creek in Allen County.

      (4) There shall be a seasonal catch and release trout season for Swift Camp Creek in Wolf County from October 1 through May 31.

 

      Section 6.[5.] Special Limits for Fishing Events. (1) The commissioner may establish special limits for fishing events including:

      (a) Size limits for selected species;

      (b) Daily creel limits for selected species;

      (c) Eligible participants; and

      (d) Dates and times of special limits.

      (2) An event sponsor shall post signs informing anglers of any special limits for a minimum of twenty-four (24) hours before the event.

 

      Section 7.[6.] Creel and Size Limits for Special Lakes and Ponds. (1) The requirements established in paragraphs (a) through (d) of this subsection shall apply to all bodies of water established[listed] in subsection (2) of this section:

      (a) Largemouth bass size limit, fifteen (15) inches; daily creel limit, one (1);

      (b)[Channel] Catfish daily creel limit, four (4);

      (c) Sunfish or bream daily creel limit, fifteen (15); and

      (d) Rainbow trout daily creel limit, five (5).

      (2) Special lakes and ponds:

      (a) Alexandria Community Park Lake, Campbell County;

      (b) Anderson County Community Park Lake, Anderson County;

      (c) Bloomfield Park Lake, Nelson County;

      (d) Bob Noble Park Lake, Nelson County;

      (e) Brickyard Pond, Knox County;

      (f) Camp Ernst, Boone County;

      (g) Carlson Lake, Meade County in Fort Knox;

      (h) Cherokee Park Lake, Jefferson County;

      (i) Dickerson Lake, Meade County in Fort Knox;

      (j) Easy Walker Park Pond, Montgomery County;

      (k) Fisherman's Park lakes, Jefferson County;

      (l) Kingdom Come State Park Lake, Harlan County;

      (m) Jacobsen Park Lake, Fayette County;

      (n) James D. Beville Park Lake, Grayson County;

      (o) Lake Mingo, Jessamine County;

      (p) Lake Pollywog, Grant County;

      (q) Lower Sportsman's Lake, Franklin County;

      (r) Lusby Lake, Scott County;

      (s) Madisonville City Park lakes, Hopkins County;

      (t) Martin County Lake, Martin County;

      (u) Maysville-Mason County Recreation Park Lake, Mason County;

      (v) Middleton Mills Long Pond, Kenton County;

      (w) Middleton Mills Shelterhouse Pond, Kenton County;

      (x) Mike Miller Park Lake, Marshall County;

      (y) Miles Park lakes, Jefferson County;

      (z) Millennium Park Pond, Boyle County;

      (aa) Panther Creek Park Lake, Daviess County;

      (bb) Prisoners Lake, Kenton County;

      (cc) Scott County Park Lake, Scott County;

      (dd) Southgate Lake, Campbell County;

      (ee) Three Springs Lake, Warren County;

      (ff) Tom Wallace Park Lake, Jefferson County;

      (gg) Upper Sportsman's Lake, Franklin County;

      (hh) Watterson Park Lake, Jefferson County;

      (ii) Waverly Park Lake, Jefferson County;

      (jj) Waymond Morris Park Lake, Daviess County;

      (kk) Whitehall Park Lake, Madison County; and

      (ll) Yellow Creek Park Lake, Daviess County.

 

GREGORY K. JOHNSON, Commissioner

ROBERT H. STEWART, Secretary

      APPROVED BY AGENCY: July 10, 2015

      FILED WITH LRC: July 14, 2015 at 4 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 24, 2015, at 10 a.m. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Sportsman’s Lane, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by five business days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation through August 31, 2015. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

      CONTACT PERSON: Rose Mack, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone (502) 564-3400, fax (502) 564-9136, email fwpubliccomments@ky.gov.

 

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Rose Mack

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes size limits, daily creel limits, and possession limits for sport fish that may be taken from Kentucky waters.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to effectively manage the sport fish populations of Kentucky.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 150.025(1) authorizes the Department to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate creel limits and methods of take, and to make these requirements apply to a limited area. KRS 150.470 authorizes the department to establish creel and size limits for fish.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will assist in the effective administration of the statutes by limiting the number and size of fish that may be taken from Kentucky’s waters. This will ensure that Kentucky’s valuable sport fish populations are maintained at high levels.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amendment will remove harvest restrictions on flathead catfish at A.J. Jolly Lake, allow gizzard shad to be used as bait at Cedar Creek Lake, establish a thirty-six (36)-inch minimum size limit on muskie at Dewey Lake, establish creel and size limits for bass, crappie, sunfish and catfish at lakes on the Kentucky River WMA Boone Tract, establish walleye creel and size limits for those water bodies containing Rockcastle strain native walleye, and clean up wording addressing catfish creel limits on the special lakes and ponds which are part of the Department’s Fishing in Neighborhoods program.

      (b) The necessity of the amendment to this administrative regulation: Flathead catfish at A.J. Jolly Lake had been protected from harvest during a research project looking at the use of flathead catfish to control stunted bluegill populations. The research project has concluded with no positive impacts by the flathead catfish. As a result, a harvest restriction on this species is not needed. The use of gizzard shad at Cedar Creek Lake was prohibited to prevent establishment of this species in the lake. Gizzard shad have subsequently appeared in the lake and there is now no reason to limit their use as bait. The minimum size limit on muskie at Dewey Lake is needed to adequately protect fish so they can reach trophy size. The Department recently acquired several new lakes on the Boone Tract of the Kentucky River WMA. Based on fish population assessments, the proposed regulations are needed to protect and develop sustained, quality fisheries at these lakes. The Department is currently attempting to restore a native species of walleye in several water bodies across the state. Protective regulations are needed to allow these fish to reach maturity before they are harvested. The special lakes in the Fishing in Neighborhoods program are supported through stocking, but do have existing fish populations as well. Channel catfish are stocked, but blue and flathead catfish are present. The original intention of the regulation was to allow four (4) catfish in aggregate to be harvested per day. Currently, as written, the regulation only restricts harvest of channel catfish, with unlimited harvest of other catfish species.

      (c) How the amendment conforms to the content of the authorizing statutes: See (1)(c) above.

      (d) How the amendment will assist in the effective administration of the statutes: See (1)(d) above.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All anglers fishing at the water bodies and for the species identified in 2(a) above will be affected.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Anglers will need to comply with the changes identified in 2(a).

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will be no cost incurred by the anglers identified.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Anglers who fish at the water bodies and for the fish the species identified in 2(a) above will benefit in the long run from higher quality sport fisheries and better angling opportunities.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: There will be no initial cost to implement this administrative regulation.

      (b) On a continuing basis: There will be no additional cost on a continuing basis.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The funding source for this program is the State Game and Fish Fund.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: It will not be necessary to increase any other fees or to increase funding to implement this administrative regulation.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No new fees will be established.

      (9) TIERING: Is tiering applied? Tiering was not applied because all individuals fishing in Kentucky are treated equally with

these amendments.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Department of Fish and Wildlife Resources Divisions of Fisheries and Law Enforcement will be impacted by this administrative regulation.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 150.025(1) authorizes the Department to promulgate administrative regulations to regulate bag, creel, and possession limits of game and fish. KRS 150.470 authorizes the department to promulgate creel and size limits for fish.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This regulation will not generate direct revenue. It is unknown if this administrative regulation could indirectly increase any fishing license sales during the first year.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? There will be no direct revenue generated in subsequent years, and it is unknown if fishing license sales will be indirectly increased because of this amendment.

      (c) How much will it cost to administer this program for the first year? There will be no initial cost to implement this administrative regulation for the first year.

      (d) How much will it cost to administer this program for subsequent years? There will be no cost in subsequent years.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: