301 KAR 1:220. Reciprocal agreements regarding fishing.

 

      RELATES TO: KRS 150.170, 150.340, 150.440, 150.445, 150.450, 150.470, 150.525

      STATUTORY AUTHORITY: KRS 150.025(1)(h), 150.170(7)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(h) authorizes the department to promulgate administrative regulations necessary to carry out the purposes of the chapter. KRS 150.170(7) authorizes the department to enter into reciprocal agreements with other states where persons holding a resident or nonresident fishing license issued by the state shall be permitted to perform the acts authorized by the license upon waters adjacent to the common boundaries. This administrative regulation establishes procedures for applying the administrative regulations of Kentucky and the states bordering Kentucky who share common waters.

 

      Section 1. Reciprocal agreements. (1) Pursuant to KRS 150.170(7), Kentucky has entered into reciprocal agreements with its neighboring states regarding fishing guidelines on common bodies of water.

      (2) Persons fishing in the Dale Hollow Lake, the Big South Fork portion of the Cumberland River, a portion of the Kentucky Lake, the Mississippi River and the Ohio River shall follow the fishing guidelines established in the reciprocal agreements.

 

      Section 2. Dale Hollow Lake. (1) Pursuant to a reciprocal agreement between the department and the Tennessee Wildlife Resources Agency, a valid sport fishing license issued by the State of Tennessee shall be valid in the Kentucky portions of the Wolf River embayment of Dale Hollow Lake:

      (a) Beginning where Wolf River joins the main part of the lake at the Obey River; and

      (b) Including the Illwill Creek Embayment.

      (2) A person fishing in the waters delineated in subsection (1) of this section shall observe the size and creel limits of the state in which he or she is licensed.

 

      Section 3. Big South Fork of the Cumberland River. (1) Pursuant to a reciprocal agreement between the department and the Tennessee Wildlife Resources Agency, a valid sport fishing license issued by either Tennessee or Kentucky shall be valid in the portion of the Big South Fork of the Cumberland River beginning at the Leatherwood Ford bridge at Highway 297 in Tennessee and continuing to

the Highway 92 Bridge at Yamacraw, Kentucky.

      (2) A person fishing in the waters described in subsection (1) of this section shall observe the size and creel limits of the state in which he or she is licensed.

 

      Section 4. The Kentucky Lake. (1) Pursuant to a reciprocal agreement, Kentucky and Tennessee shall recognize the sport fishing licenses of the two (2) states on the portion of Kentucky Lake south of the Eggners Ferry Bridge (U.S. 68 and Hwy 80) in Kentucky and north of the Governor Ned McWhorter Bridge (U.S. 79 and Hwy 76) in Tennessee.

      (2) Embayments and tributaries within this portion of Kentucky Lake, except Blood River embayment, shall be included in the reciprocal agreement.

      (3) The Blood River embayment shall be defined as a straight line between opposite points where the embayment connects to the main body of Kentucky Lake.

      (4) A sport fishing license holder from either state may fish from the bank or attach legal sport fishing trot or limb lines in the reciprocal portion of Kentucky Lake.

      (5) Sport fishing license holders shall abide by the administrative regulations of the state in whose waters they are fishing.

      (6) Wildlife enforcement officials of either state shall have the right to inspect the licenses, permits, catches and equipment of any person on the reciprocal portion of Kentucky Lake subject to the laws of either Kentucky or Tennessee.

 

      Section 5. Mississippi River. (1) Pursuant to a reciprocal agreement, Kentucky and Missouri shall recognize the sport fishing licenses and permits of Kentucky and Missouri.

      (2) The main channel of the Mississippi River and the immediate side or secondary channels or chutes are included when referring to the Mississippi River.

      (3) Sport fishing license or permit holders may fish from or attach a device or equipment to land along the river under the jurisdiction of the other state. Landowner permission is required to fish from the banks of the Mississippi River.

      (4) Sport fishing licensees and permittees shall abide by the administrative regulations of the state in whose waters he or she is fishing. If the two (2) states’ administrative regulations conflict, a licensee and permittee shall comply with the most restrictive of the two (2) states’ administrative regulations.

      (5) Wildlife enforcement officials of Kentucky and Missouri shall have the right to inspect the licenses, permits, catches and equipment of any person on the Mississippi River subject to the laws of Kentucky and Missouri.

      (6) Exclusions to the agreement.

      (a) Oxbow and floodplain lakes and tributary streams are not included in the agreement. A tributary is delineated by a straight line between opposite points where the stream or river connects with the main body of the Mississippi River.

      (b) The agreement does not include backwaters that extend onto the floodplain or tributaries when the river exceeds thirty-three (33) feet at the gauging station at Cairo, Illinois.

 

      Section 6. Ohio River. (1) Pursuant to a reciprocal agreement, Ohio and Kentucky shall recognize the sport fishing license and appropriate stamps of Ohio and Kentucky on the main stem and from the banks of the Ohio River, excluding embayments and tributaries where the Ohio River forms the state boundary.

      (2) A licensee’s and permittee’s issuing state’s administrative regulations shall apply to the licensee and permittee, except the administrative regulations of the state where sport fishing is occurring apply if the licensee is fishing from the bank.

      (3) Commercial fishing and musseling are not permitted on Ohio’s portion of the river.

      (4) Wildlife enforcement officials of either state shall have the right to inspect the license, harvest limits, creel limits and equipment of a person on the Ohio River subject to the laws of either state.

      (5) An embayment and a tributary are delineated by a straight line between opposite points where the embayment or tributary connects with the main body of the Ohio River.

 

      Section 7. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Reciprocal Fishing Agreement Between the Department and the Tennessee Wildlife Resources Agency Regarding Dale Hollow Lake, November 1997 edition";

      (b) "Reciprocal Fishing Agreement Between the Department and the Tennessee Wildlife Resources Agency Regarding the Big South Fork of the Cumberland River, November 1997";

      (c) "Reciprocal Agreement on Kentucky Lake between the Commonwealth of Kentucky and the State of Tennessee", August 2003";

      (d) "Reciprocal Fishing Agreement Between the Department and the State of Missouri Regarding the Mississippi River, February 2003 edition"; and

      (e) "Reciprocal Agreement Between the Department and the Ohio Department of Natural Resources, November 2002 edition".

      (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, Monday through Friday, 8 a.m. to 4:30 p.m. (30 Ky.R. 516; Am. 859; eff. 10-31-2003; 30 Ky.R. 859; 1591; eff. 2-16-04.)