301 KAR 1:410. Taking of fish by other than traditional fishing methods.

301 KAR 1:410. Taking of fish by other than traditional fishing methods.

RELATES TO: KRS 150.010, 150.025(1), 150.120, 150.170, 150.175, 150.235, 150.360, 150.370, 150.440, 150.445, 150.620, 150.990

STATUTORY AUTHORITY: KRS 150.025(1), 150.440, 150.470

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to establish methods of taking fish. This administrative regulation establishes the procedures for taking sport and commercial fish by other than traditional fishing methods such as: snagging; underwater spearing, and "scuba diving"; sport fishing trot lines, jugging and setlines; the taking of rough fish from backwaters; gigging, grabbing or snagging; and bow fishing.

Section 1. Definitions. (1) "Bow and arrow" means a:

(a) Longbow;

(b) Compound bow; or

(2) "Cull" means to replace a fish in your daily creel limit with another fish of the same species.

(3) "Jugging" is defined in KRS 150.010(15).

(4) "Setline" is defined in KRS 150.010(34).

(5) "Snagging" is defined in KRS 150.010 (35).

(6) "Sport fisherman" is defined as a person holding a valid resident or nonresident fishing license and include those persons who are license exempt as specified in KRS 150.170.

(7) "Sport Fishing Trotlines" is defined in KRS 150.010(36).

Section 2. Skin and Scuba Diving and Underwater Spear Fishing. (1) Skin or scuba diving is prohibited in all lakes owned by the Department of Fish and Wildlife Resources, except as stated in subsections (2) and (3) of this section.

(2) Skin or scuba diving may be permitted in salvage operations upon receipt of written permission by the diver from the Division of Law Enforcement or the local Conservation Officer assigned to the specific body of water in which the diving is to take place.

(3) Skin or scuba diving is permitted anytime without prior authorization in cases of emergency involving the possibility of saving human life or in the recovery of a victim of drowning.

(4) Underwater spearing of fish with hand held spear or mechanically-propelled spear is legal throughout the year in lakes 1,000 acres in size or larger as measured at normal or summer pool level.

(a) A participant in this type of sport shall be submerged in the water in which spearing takes place.

(b) Only rough fish shall be taken and an appropriate fishing license is required.

Section 3. Sport Fishing Trotlines, Jugging, and Setlines. (1) Tagging and Checking.

(a) Each sport fishing trotline, jug line or setline shall be permanently labeled or tagged with the name and address of the person using it.

(b)1. All sport fishing trotlines, jug lines, and setlines shall be baited, checked and all fish removed at least once every twenty-four (24) hours.

2. The fisherman shall remove these devices from the water, from the bank, or from tree limbs when he or she has finished fishing.

3. Trotlines, setlines, or jug lines that are not properly labeled, remain unchecked, or unbaited for over twenty-four (24) hours may be confiscated.

(2) Fishing requirements.

(a) An individual sport fisherman shall not use more than:

1. Two (2) sport fishing trotlines; or

2. Twenty-five (25) setlines; or

3. Fifty (50) jug lines.

(b) A boat containing multiple sport fishermen shall not use more than fifty (50) jug lines per boat.

(c) Sport fishing trotlines shall be set at least three (3) feet below the water’s surface and contain no more than fifty (50) single or multibarbed hooks placed no closer together than eighteen (18) inches.

(d) A jug line or setline shall not have more than one (1) single or multibarbed hook.

(e) An appropriate fishing license is required.

(3) Closed waters. A sport fishing trotline, jugs, or setlines shall not be used in the following waters:

(a) In the Tennessee River within 700 yards of Kentucky Dam.

(b) In the Cumberland River below Barkley Dam to the Highway 62 bridge.

(c) In any lake less than 500 surface acres owned or managed by the department, except those specifically listed in subsection (3)(e) of this section.

(d) In the following areas of the Ohio River.

1. Smithland Dam downstream to a line perpendicular the end of the outer lock wall.

2. J. T. Meyers 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.

3. Newburgh Dam downstream to a line perpendicular to the end of the outer lock wall.

4. Cannelton Dam downstream to a line perpendicular to the end of the outer lock wall.

5. McAlpine Dam downstream to the K&I railroad bridge.

6. Markland Dam downstream to a line perpendicular to the end of the outer lock wall.

7. Meldahl Dam downstream to a line perpendicular to the end of the outer lock wall.

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

(e) A sport fishing trotline, jugs, or setlines shall not be permitted in lakes under 500 surface acres owned or managed by the department, except the following:

1. Ballard Wildlife Management Area Lakes, Ballard County.

2. Peal Wildlife Management Area Lakes, Ballard County.

3. Swan Lakes Wildlife Management Area Lakes, Ballard County.

Section 4. Rough Fish from Backwaters. (1) The Commissioner of the Department of Fish and Wildlife Resources may designate all wildlife and boating officers and other employees of the Department of Fish and Wildlife Resources to establish and supervise areas for the taking of all types of rough fish as described in 301 KAR 1:060 from the backwaters, or overflow areas of streams, rivers and reservoirs as long as the backwater, or overflow area is connected with the stream or reservoir. When the backwater is no longer connected with the stream or reservoir the landowner may, under the supervision of the wildlife and boating officer, direct the taking of rough fish in accordance with this administrative regulation. The wildlife and boating officer or other designated officials are authorized to determine the exact dates and time when the taking of these rough fish shall commence and cease.

(2) Fish may be taken in the above-described areas by any method except by the use of poison, electrical devices or firearms. If nets and seines are used, they shall be appropriately tagged and the user shall have an appropriate commercial fishing license.

(3) A wildlife and boating officer or designated official shall not permit the taking of any fish from any slough, or backwater, or overflow area without first having the permission of the landowner on whose land the water has overflowed.

(4) All persons engaged in this type of fishing shall have a fishing license.

Section 5. Gigging, Grabbing or Snagging, Tickling, and Noodling. (1) Fish may be taken by snagging using a single hook or one (1) treble hook except as provided in subsection (2) of this section.

(2) In the Green River and its tributaries and the Rolling Fork River and its tributaries, five (5) hooks, either single or treble hooks, may be used.

(3) Methods of gigging and snagging. A person may gig or snag from the stream or lake banks, but shall not snag or gig from a boat or platform, except that gigging is permitted from a boat in any lake with a surface acreage of 500 acres or larger during the daylight hours.

(4) Seasons. Gigging and snagging are permitted February 1 through May 10 except as provided in subsection (8) of this section. Persons may gig rough fish through the ice if the surface is frozen thick enough to stand on and the gigger shall gig while supported by the ice.

(5) Creel limits.

(a) The statewide daily creel limit for rough fish taken by gigging and snagging in areas open, except in the Tennessee River below Kentucky Dam and in the Cumberland River below Barkley Dam as provided in subsections (7) and (8) of this section, is unlimited with the exception that only two (2) paddlefish may be taken daily statewide. All snagged paddlefish, in all areas open to gigging and snagging, shall be taken into immediate possession and shall not be released or culled. Once the daily limit of paddlefish has been reached, all snagging shall cease. Harvest of sport fish by gigging and snagging is prohibited statewide except as provided for in subsection (8) of this section.

(b) Daily creel limits in the Tennessee River below Kentucky Dam open to snagging and in the Cumberland River below Barkley Dam open to both gigging and snagging shall be eight (8) fish, of which no more than eight (8) may be paddlefish. Harvest of sport fish is permitted by snagging only in the Tennessee River as provided by subsection (8) of this section.

(6) Areas where gigging and snagging are permitted. Gigging or snagging for rough fish is permitted night and day in lakes and streams, except where specifically prohibited in subsections (3), (4), (7), and (8) of this section.

(7) Gigging and snagging is specifically prohibited in the following lakes, streams and their tributaries, except as provided in subsection (8) of this section.

(a) The Cumberland River below Wolf Creek Dam downstream to the Tennessee line including Hatchery Creek, and in the Cumberland River in the area below Barkley Dam downstream to US 62 bridge.

(b) The Middle Fork of the Kentucky River, from Buckhorn Lake Dam downstream to the Breathitt County line in Perry County.

(d) Cave Run Lake.

(e) Those tributaries to the Cumberland River below Wolf Creek Dam downstream to the Tennessee line shall be open to gigging and snagging, in season, except that portion of each tributary which is within one-half (1/2) mile of its junction with the Cumberland River.

(f) Within 200 yards of any dam on any stream, except as specified in subsection (8) pertaining to the Tennessee River below Kentucky Dam.

(8) Snagging shall be permitted in the Tennessee River below Kentucky Dam.

(a) Season and area.

1. Snagging is permitted in the Tennessee River between the Kentucky Lake dam and the new US 62 Bridge twenty-four (24) hours per day from January 1 through May 31.

2. From June 1 through December 31, snagging is only permitted from sunset to sunrise (local time) between the Kentucky Lake dam and the US 62 Bridge.

3. Snagging is not permitted year round in the Tennessee River from the new US 62 Bridge to the I-24 Bridge.

4. Snagging is permitted year round in the Tennessee River from the I-24 Bridge to its confluence with the Ohio River.

5. Snagging is not permitted under the US 62 bridge, the P&L Railroad bridge, or from the fishing piers located below the US 62 Bridge.

(b) Equipment.

1. A snagging rod shall not exceed a length of seven and one-half (7 1/2) feet including the handle.

2. The rod shall be equipped with line, guides, and a reel.

3. No more than one (1) single or treble hook may be attached to the line.

1. All fish snagged shall be taken into immediate possession (no cull), except for shad or herring.

2. The daily creel limit shall be an aggregate of eight (8) fish of which no more than eight (8) fish can be paddlefish and;

3. Snagging shall cease once a daily limit for any sport fish is obtained.

(9) All game fish caught by gigging or snagging, except those taken as permitted in subsection (8)(c) of this section, in the Tennessee River below Kentucky Dam shall be returned to the water immediately, regardless of condition.

(10)(a) Tickling and noodling (hand grabbing) season for rough fish shall be June 1 to August 31 during daylight hours.

(b) Tickling and noodling shall be permitted in all waters.

(c) The daily creel limit for tickling and noodling shall be fifteen (15) fish of which not more that five (5) shall be catfish (aggregate).

Section 6. Bow Fishing. (1) A person shall not take with a bow and arrow:

(a) Sport fish, as listed in 301 KAR 1:060, Section 1.

(b) More than five (5) catfish (aggregate) and two (2) paddlefish daily.

(2) Bow fishing is open statewide; except as noted below where bow fishing is prohibited:

1. Cumberland River below Wolf Creek Dam downstream to the Tennessee line including Hatchery Creek, and all tributaries within one-half (1/2) mile of their junction with the Cumberland River within this area.

2. From a boat in restricted areas below navigation, power generating, or flood control dams. (32 Ky.R. 434; Am. 622; eff. 10-12-05; 33 Ky.R. 1889; eff. 4-6-07; 34 Ky.R. 374; eff. 10-9-2007.)