Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:001 - Definitions for 301 KAR Chapter 1

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.025,
				150.170,
				50 C.F.R.
				17.11
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1)(h) authorizes the
				department to promulgate administrative regulations to carry out the purposes
				of KRS Chapter 150. This administrative regulation establishes definitions for
				terms used in 301 KAR Chapter 1.
Section
			 1. Definitions.
(1) "Adjacent
			 landowner" means the owner of real property that shares a common boundary with
			 department property.
(2) "Angler"
			 means a person holding a valid resident or nonresident fishing license and
			 includes those persons who are fishing license exempt as established in
			 KRS
			 150.170.
(3) "APHIS" means U.S. Department of
			 Agriculture Animal and Plant Health Inspection Service.
(4) "APHIS-approved laboratory" means a
			 laboratory authorized by a state, tribal, or federal primacy authority to
			 analyze aquatic animal health and perform assays for the detection of the VHS
			 virus.
(5) "Aquarium species" means
			 the species of fish that are legally sold in the pet and ornamental trade
			 business and not stocked into waters of the Commonwealth.
(6) "Aquatic organisms" means fish, frog,
			 crayfish, and other aquatic vertebrate and invertebrate.
(7) "Archery equipment" means a long bow,
			 recurve bow, or compound bow incapable of holding an arrow at full or partial
			 draw without aid from the archer.
(8) "Artificial bait" means a lure, bare
			 hook, or fly made of wood, metal, plastic, feathers, preserved pork rind, or a
			 similar inert material.
(9) "Bar
			 mesh size" means the distance between two (2) knots on a line of a
			 net.
(10) "Boat dock" means a
			 privately owned floating or fixed structure that is used by an adjacent
			 landowner to moor a boat on department property.
(11) "Boat dock tag" means a metal tag
			 provided by the department that has a unique combination of letters and numbers
			 and is permanently affixed to an approved boat dock so that it is visible from
			 the lake.
(12) "Boating access
			 area" means property owned or managed by the department and identified by signs
			 as a public facility for launching and retrieving boats, including:
(a) Ramps, parking lots, courtesy docks, and
			 access roads; and
(b) A zone
			 extending fifty (50) feet into the water adjacent to the department property
			 established in paragraph (a) of this subsection.
(13) "Bow fishing" means shooting rough fish
			 with an arrow with a barbed or retractable style point that has a line attached
			 to it for retrieval with archery equipment, a crossbow, or a pneumatic arrow
			 launching device.
(14) "Buffer
			 zone" means the area from the lake pool level of Cedar Creek Lake to the marked
			 boundary.
(15) "Buyer's permit"
			 means a Commercial Roe-bearing Fish Buyer's Permit.
(16) "By-catch" means any fish that is not an
			 invasive carp or scaled rough fish.
(17) "Camp" means the erecting of a tent or
			 shelter of natural or synthetic material, preparing a sleeping bag or other
			 bedding material for use, or parking of a motor vehicle, motor home, or trailer
			 for the apparent purpose of overnight occupancy.
(18) "Catfish" means a blue catfish, channel
			 catfish, or flathead catfish.
(19)
			 "Certified VHS free facility" means a fish-rearing facility that has been
			 certified VHS free by an APHIS approved laboratory.
(20) "Chumming" means placing substances in
			 the water for the purpose of attracting fish to a particular area.
(21) "Commercial fisherman" means a person
			 holding a valid resident or nonresident commercial fishing license.
(22) "Commercial gear tag" means a metal tag
			 provided by the department and that is attached to legal commercial fishing
			 gear as established in
			 301 KAR 1:146.
(23) "Crossbow" means a bow designed or
			 fitted with a device to hold an arrow at full or partial draw without the aid
			 from an archer.
(24) "Cull" or
			 "culling" means to release a previously caught fish that an angler has kept as
			 a part of a daily limit and replace it with another fish of the same
			 species.
(25) "Daily 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.
(26) "Department property" means lands or
			 waters controlled by the department through ownership, lease, license,
			 easement, or cooperative agreement at department-owned lakes.
(27) "Different body of water":
(a) Means a body of water that is separate
			 and not contiguous to another body of water, including a man-made reservoir
			 that is separated from a downstream river by a dam; and
(b) Does not mean a river, stream, or creek
			 that is separated by a low-level dam.
(28) "Diploid grass carp" means a fish of the
			 genus and species Ctenopharynogodon idella that is reproductively fertile and
			 has not been genetically altered and therefore has the normal set of somatic
			 chromosomes as determined by blood sample.
(29) "Existing structure" means an exempted
			 access or nonaccess structure built on department property prior to April 2,
			 2010.
(30) "Flag net" means a gill
			 or trammel net that is anchored on one (1) end, with the other end of the net
			 unanchored, allowing this end of the gill or trammel net to float
			 freely.
(31) "Harvester permit"
			 means a Commercial Roe-bearing Fish Harvester's Permit.
(32) "Idle speed" means the slowest possible
			 speed at which maneuverability can be maintained.
(33) "Immediate family" means a person's
			 spouse, mother, father, daughter, brother, sister, grandparent, or
			 son.
(34) "Invasive carp" means:
(a) Bighead carp Hypophthalmichthys
			 nobilis;
(b) Black carp
			 Mylopharyngodon piceus;
(c) Grass
			 carp Ctenopharyngodon idella; or
(d) Silver carp Hypophthalmichthys
			 molitrix.
(35) "Lake"
			 means impounded waters from the dam upstream to the first riffle on the main
			 stem river and tributary streams.
(36) "Live bait" means the organisms
			 established in paragraphs (a) through (h) of this subsection if they are alive:
(a) Live bait fish;
(b) Crayfish;
(c) Salamander;
(d) Frog, except bullfrog;
(e) Tadpole;
(f) Native lamprey;
(g) Asiatic clam (Genus Corbicula);
			 or
(h) Other aquatic invertebrate
			 organisms, except for mussel.
(37) "Live bait fishes" means:
(a) Rough fish, except invasive carp and
			 federally threatened or endangered species, as established in
			 50 C.F.R.
			 17.11; or
(b) Redear sunfish less than six (6) inches
			 in length.
(38) "Lower
			 Ohio River Trophy Catfish" means, for the area downstream of Cannelton Lock and
			 Dam in the Ohio River and its tributaries open to commercial fishing:
(a) Blue or flathead catfish that is a
			 minimum of forty (40) inches in length; or
(b) Channel catfish that is a minimum of
			 thirty (30) inches in length.
(39) "Lower Ohio River Trophy Catfish Harvest
			 Permit" means a permit that allows a commercial fisherman to harvest Lower Ohio
			 River Trophy Catfish.
(40) "Normal
			 pool" means a water level equal to the elevation of the lake's principal
			 spillway.
(41) "Overflow lake"
			 means a permanent or temporary body of water that receives overflow flood
			 waters from an adjacent stream.
(42) "Pay lake" means a privately owned,
			 impounded body of water where a daily fee is charged to fish and is open to the
			 public.
(43) "Pay lake operator"
			 means a person who holds a valid pay lake license, as established in
			 301 KAR 3:022.
(44) "Permanent dwelling":
(a) Means a private residence on an adjacent
			 landowner's property that is both fixed in location and of durable permanent
			 construction; and
(b) Does not mean
			 tents, motorized vehicles, trailers, camp trailers, or any type of interim
			 construction or residence.
(45) "Pneumatic arrow launching device" means
			 a device designed to fire an arrow using a compressed air cartridge.
(46) "Possession limit" means the maximum
			 number of unprocessed fish a person holds after two (2) or more days of
			 fishing.
(47) "Processed fish"
			 means a fish that has been gutted, with the head removed.
(48) "Rebuild" means to totally
			 reconstruct.
(49) "Release" means
			 to return a fish to the water from which it was taken immediately after
			 removing the hook.
(50) "Restricted
			 water" means those areas, as established in
			 301 KAR 1:140,
			 301 KAR 1:146,
			 301 KAR 1:150, and
			 301 KAR 1:155, where:
(a) Commercial fishing is
			 prohibited;
(b) Commercial fishing
			 with gill or trammel nets is prohibited; or
(c) Commercial fishing with gill or trammel
			 nets of restricted net mesh size is prohibited.
(51) "Roe-bearing fish" means paddlefish,
			 shovelnose sturgeon, and bowfin, regardless of the sex of the fish or the
			 presence or absence of roe.
(52)
			 "Roe-bearing Fish Buyer's Permit" means a permit issued by the department that
			 entitles the permit holder to buy roe-bearing species or roe.
(53) "Roe-bearing Fish Harvester's Permit"
			 means a permit issued by the department to a licensed commercial fisherman that
			 entitles the permit holder to harvest and sell roe-bearing species.
(54) "Rough fish" is defined by
			 KRS
			 150.010(37).
(55) "Scaled rough fish" means any scaled
			 fish that is not an invasive carp, sport fish as established in
			 301 KAR 1:060, roe bearing fish,
			 or a species ineligible for commercial harvest as established in
			 301 KAR 1:155.
(56) "Shad" means a live gizzard shad or
			 threadfin shad.
(57) "Shoreline use
			 permit" means a permit issued by the department that allows an adjacent
			 landowner to construct a new access structure or to keep or rebuild an existing
			 structure on department land.
(58)
			 "Single hook" means a hook with no more than one (1) point.
(59) "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.
(60) "Slot limit" means a size range of a
			 fish species that shall be released by an angler.
(61) "Slow speed" means speed attained with
			 the throttle of the motor set at its slowest forward position.
(62) "Speeding and reckless operation" means
			 any operation of a boat in any area of a lake that could endanger other persons
			 or craft using the lake by intimidation, direct contact or by waves created by
			 the speed or reckless operation of a boat.
(63) "Sport fish" means those species
			 established in
			 301 KAR 1:060.
(64) "Sport fisherman" means a person holding
			 a valid resident or nonresident fishing license and includes a person who is
			 license exempt pursuant to
			 KRS
			 150.170.
(65) "Temporary aquatic area" means an area:
(a) Temporarily inundated from, but still
			 connected to, a stream, river, or reservoir; and
(b) That persists only for the duration of
			 the elevated water levels.
(66) "Temporary pool" means an area
			 temporarily inundated from, but not connected to, a stream, river, or
			 reservoir.
(67) "Traditional
			 fishing methods" means the act of taking or attempting to take for
			 non-commercial purposes any freshwater fish species using:
(a) Hook and line in hand; or
(b) Rod in hand.
(68) "Triploid grass carp" means a fish of
			 the genus and species Ctenopharynogodon idella that is reproductively sterile
			 because it has been genetically altered to have an additional or extra set of
			 somatic chromosomes as determined by blood sample.
(69) "Trophy catfish" means a:
(a) Blue or flathead catfish that is a
			 minimum of thirty-five (35) inches in length; or
(b) Channel catfish that is a minimum of
			 twenty-eight (28) inches in length.
(70) "Turtle" means a:
(a) Common snapping turtle (Chelydra
			 serpentina);
(b) Smooth softshell
			 turtle (Apalone mutica); or
(c)
			 Spiny softshell turtle (Apalone spinifera).
(71) "Unlicensed helper" means a person
			 without a commercial fishing license who is assisting a commercial
			 fisherman.
(72) "Unprocessed fish"
			 means the whole fish prior to being processed.
(73) "Unprocessed roe" means roe that has
			 been removed from a roe-bearing fish by a food processing plant prior to its
			 sale at a roe-bearing fish buyer's facility.
(74) "VHS" means Viral Hemorrhagic
			 Septicemia, a disease of fish.
(75)
			 "VHS positive state" means any state in the United States, or any Canadian
			 province, listed on the APHIS Web site
www.aphis.usda.gov
as being positive
			 for Viral Hemorrhagic Septicemia (VHS).
(76) "VHS-regulated fish species" means any
			 species of fish deemed susceptible to VHS and listed on the APHIS Web site at
www.aphis.usda.gov
.
(77) "Water supply lake" means a lake that:
(a) Is owned by a municipality or other
			 public water supply entity;
(b)
			 Provides potable water supply for the public;
(c) Is not owned by the state; and
(d) Is not managed by the
			 department.
(78) "Whip
			 set" means a gill net or a trammel net rigged so it is free-floating.