reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:031 - Land Between the Lakes provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.025,
				150.090,
				150.170,
				150.175,
				150.250,
				150.340,
				150.360,
				150.370,
				150.470
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025 authorizes the department to
				promulgate administrative regulations restricting the use of state recreational
				areas, establish seasons for the taking of fish and wildlife, regulate creel
				limits and methods of take, and to make these requirements apply to a limited
				area. The U.S. Forest Service has requested the Kentucky Department of Fish and
				Wildlife Resources to enforce its special fishing administrative regulations on
				the Land Between the Lakes National Recreation Area waters. This administrative
				regulation establishes the conditions and provisions under which fishing is
				permitted in the Land Between the Lakes area, provides for enforcement by state
				conservation officers, and provides compliance with the U.S. Forest
				Service.
Section 1. Fishing shall be
			 permitted in Land Between the Lakes in accordance with the following
			 requirements:
(1) Energy Lake.
(a) Fishing from a boat or the bank shall be
			 permitted year-round except in the waterfowl refuge area.
(b) The waterfowl refuge area shall be the
			 western one-third (1/3) of the lake and it shall be open to fishing from March
			 16 through October 31.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:035 - Cumberland Gap National Historical Park

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.025,
				150.170,
				150.175,
				150.250,
				150.470
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is a cooperative effort by the state and national parks to permit
				use of a limited and specialized resource.
Section
			 1. The following rules shall apply to those portions of Shillalah
			 Creek and Martins Fork Creek lying wholly within the Cumberland Gap National
			 Historical Park.
(1) Fishing is permitted
			 from sunrise to sunset only.
(2)
			 During any period of emergency or to prevent overuse by fishermen of waters
			 open to fishing in Cumberland Gap National Historical Park, the superintendent,
			 in his discretion may close to fishing all or any portion of such open waters
			 for such periods of time that may be necessary: Provided, the notice be given
			 by the posting of appropriate signs, notices and markers.
(3) The waters of Shillalah Creek and Martins
			 Fork Creek, inclusive of its tributaries are designated as "sport fishing
			 streams" only.
(4) Fishing is
			 permitted from May 15 through September 15 inclusive.
(5) No trout less than twelve (12) inches in
			 length may be retained from Martins Fork Creek and no trout less than ten (10)
			 inches in length may be retained from Shillalah Creek. All undersized fish
			 shall be immediately and carefully returned to water.
(6) The limit of catch per day or possession
			 by each person shall not exceed two (2) trout. Immediately upon retention of
			 the limit of trout the fisherman must disassemble his fishing tackle and cease
			 fishing.
(7) Fishing is permitted
			 only with artificial flies or lures with a single hook. Possession of fish
			 eggs, small fish, insects, worms and other similar organic bait or parts
			 thereof while in the possession of fishing tackle is prohibited.
(8) The National Park Service makes no charge
			 for fishing, but persons fishing within the park in these waters must procure a
			 resident or nonresident state license and trout stamp as issued and required by
			 the State of Kentucky.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:050 - Small state-owned lakes, special administrative regulations of

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.170,
				150.175,
				150.340,
				150.620,
				150.990
NECESSITY, FUNCTION, AND CONFORMITY: 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 notice of the department's authority to
				set special creel, possession, and size limits on fishes to protect the fish
				population in small state-owned lakes.
Section
			 1. The Commissioner of the Department of Fish and Wildlife
			 Resources with the concurrence of the Department of Fish and Wildlife Resources
			 Commission declares that from time to time special creel limits, possession
			 limits, and size limits on fishes may be necessary because of unique or special
			 needs to protect the fish populations of the smaller state-owned
			 lakes.
Section 2. These special
			 limits shall be conspicuously posted on the premises of these lakes. It shall
			 be the responsibility of each individual fishing these lakes to become familiar
			 with these special limits and to abide by them.
Section 3. Failure of any person to comply
			 with the posted special limits shall be a violation of this administrative
			 regulation.
STATUTORY AUTHORITY:
				  KRS
				  150.025(1),
				  150.470
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:058 - Methods for taking turtles

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.400
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1) authorizes the
				department to promulgate administrative regulations to establish open seasons
				for the taking of wildlife, to regulate bag limits, to regulate any method of
				taking, and to make such requirements apply to a limited area. This
				administrative regulation establishes the species of turtles which may be
				taken, and the legal methods to take turtles.
Section 1. Definition. "Turtle" means a:
(1) Common snapping turtle (Chelydra
			 serpentina);
(2) Smooth softshell
			 turtle (Apalone mutica); or
(3)
			 Spiny softshell turtle (Apalone spinifera).
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:060 - Sport and rough fish

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.015
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1) authorizes the
				department to promulgate administrative regulations to regulate the taking of
				wildlife, including fish. This administrative regulation designates fish that
				shall be considered sport fish.
Section
			 1. The following fishes are designated sport fishes and may be
			 taken only by angling:
(1) Large mouth
			 bass;
(2) Rock fish (striped
			 bass);
(3) Small mouth
			 Bass;
(4) White Bass;
(5) Kentucky Bass;
(6) Yellow Bass;
(7) Coosa Bass;
(8) Musky;
(9) Rock Bass;
(10) Northern Pike;
(11) White Crappie;
(12) Black Crappie;
(13) Chain Pickerel;
(14) Trout;
(15) Walleye;
(16) Sauger;
(17) Redear Sunfish; and
(18) Hybrids of any of the above.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:080 - Fish and aquatic organisms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.025
NECESSITY, FUNCTION, AND CONFORMITY: The purpose of this
				administrative regulation is to limit the taking of fishes to lawful means. It
				is necessary to protect the fish population.
Section
			 1. It is hereby declared that no person may "take," as defined in
			 KRS
			 150.010, fish and/or aquatic organisms from
			 the public or private waters of the Commonwealth except by the methods and gear
			 authorized during the seasons designated, and of the sizes (lengths) and kinds
			 prescribed in the Kentucky Revised Statutes or the administrative regulations
			 of the Kentucky Department of Fish and Wildlife Resources.
STATUTORY AUTHORITY: KRS 13A, 350,
				  150.025
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:082 - Frog season; limits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.175,
				150.360
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. This administrative
				regulation establishes the season, time, bag limit, and manner of taking for
				bullfrogs to utilize and conserve the bullfrog population.
Section 1. The open season on bullfrogs shall
			 begin at 12 noon on the 3rd Friday in May and continue until 12 midnight
			 October 31. The daily creel limit shall be fifteen (15) bullfrogs with a
			 possession limit of thirty (30) bullfrogs after two (2) or more days frogging.
			 Each day for taking bullfrogs shall begin at 12 noon and end at 12 noon the
			 following day. A person shall not have more than fifteen (15) bullfrogs in his
			 possession while in the field.
Section
			 2. Bullfrogs may be taken with gig, by hand, bow and arrow,
			 firearm, or hook and line from public and private waters. If bullfrogs are
			 taken with firearm or bow and arrow, a hunting license is required. If
			 bullfrogs are taken by use of a pole and line, a fishing license is required.
			 If bullfrogs are taken with hand or by use of a gig, a fishing license or a
			 hunting license is valid.
Section
			 3. It shall be illegal to possess a gig, of any type, while in a
			 boat, or on or in a stream or lake, from November 1 through the last day of
			 January of the following year.
STATUTORY AUTHORITY:
				  KRS
				  150.025(1)
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:110 - Prohibition on raising or hatching fish in public waters

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.025,
				150.180(2)(7),
				150.280
NECESSITY, FUNCTION, AND CONFORMITY: The purpose of this
				administrative regulation is to prohibit the raising or hatching of fish in
				public waters. It is necessary in order to protect the fish population.
Section 1. A person or organization shall not
			 use public waters to raise or hatch fish or aquatic organisms for private or
			 commercial purposes except as specified in Section 2 of this administrative
			 regulation. This includes cage culture of fishes.
Section 2. The commissioner may grant
			 approval and issue a permit for paddlefish to be stocked and reared in approved
			 water supply lakes for aquaculture purposes pursuant to
			 301 KAR
			 1:115, Section 6.
STATUTORY AUTHORITY:
				  KRS
				  150.025,
				  150.280
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:115 - Propagation of aquatic organisms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 150.290, 150.485
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025 authorizes the Department of Fish and
				Wildlife Resources to promulgate administrative regulations regarding the
				buying, selling, and transporting of fish and wildlife; the restriction of
				places where taking is permitted; and the application of make administrative
				regulations to a limited area or to the entire state.
				KRS
				150.180(2) authorizes the
				department to promulgate administrative regulations regarding the buying,
				selling, and transporting of mussels and fishes by licensed fish propagation
				permit holders. KRS
				150.280 requires the department to promulgate
				administrative regulations governing the propagation or holding of protected
				wildlife. KRS
				150.450 requires the department to promulgate
				reasonable administrative regulations governing the taking of minnows and
				crayfish from the waters of the Commonwealth.
				50 C.F.R.
				17.11 establishes federally threatened and
				endangered fish species. This administrative regulation establishes the
				requirements for obtaining a propagation permit for aquatic organisms and
				establishes the requirements for propagation permit holders.
Section 1. Permit Requirements and
			 Application Procedures.
(1) Before acquiring
			 or propagating aquatic organisms, an individual, corporation, or other business
			 entity shall obtain a permit from the department by:
(a) Completing the Fisheries Commercial
			 Propagation Permit application provided by the department; and
(b) Paying the permit fee as established in
			 301 KAR
			 5:022.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:120 - Live fish sales and handling; licensure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.175,
				150.190,
				150.235,
				150.485
NECESSITY, FUNCTION, AND CONFORMITY: 150.025(1) authorizes the
				department to promulgate administrative regulations to regulate buying,
				selling, or transporting of game and fish.
				KRS
				150.180(6) requires any
				person importing or transporting live fish into or within the state to first
				procure a fish transportation permit. This administrative regulation is being
				promulgated to control the flow of live fish from and into natural waters and
				commercial channels to prevent the spread of disease or undesirable
				species.
Section 1. All individuals or
			 companies who sell live fish retail or wholesale shall have a live fish and
			 bait dealers license issued in the name of the individual or company that is
			 transacting business in this commonwealth. This license, or an exact copy
			 thereof, shall be in the possession of the individual who is transporting,
			 selling, or possessing live fish for sale in Kentucky.
Section 2. Individuals or companies
			 transporting live fish from one (1) state to another state through Kentucky
			 without conducting any type of business in this commonwealth shall not be
			 required to have a live fish and bait dealers license, but shall have a valid
			 transportation permit.
Section 3.
			 Valid holders of commercial propagation permits and individuals or companies
			 who sell fish for food in establishments licensed by another state agency to
			 sell retail or wholesale food stuffs shall not be required to have a live fish
			 and bait dealers license.
STATUTORY AUTHORITY:
				  KRS
				  150.025(1),
				  150.180(6)
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:122 - Importation, possession, and prohibited aquatic species

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.180
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1)(c) authorizes the
				department to promulgate administrative regulations regarding the buying,
				selling, or transporting of fish and wildlife.
				KRS
				150.280(2) authorizes the
				department to promulgate administrative regulations prohibiting the holding or
				transporting of species potentially damaging to native ecosystems. This
				administrative regulation establishes the species of aquatic life that are
				prohibited in the Commonwealth.
Section
			 1. A person shall not buy, sell, possess, import, or release any
			 aquatic species not native or established in Kentucky waters, except as
			 established in Section 2, 4, or 5 of this administrative regulation.
Section 2. Exceptions.
(1) A person may buy, sell, import, or
			 possess any aquatic specimens for aquarium use, except as established in
			 Sections 3 and 4 of this administrative regulation, but shall not release the
			 species into Kentucky waters.
(2) A
			 person may buy, sell, import, or possess sterile, triploid grass carp
			 (Ctenopharyngodon idella) pursuant to
			 301 KAR 1:171.
(3) A fertile, diploid grass carp may only be
			 imported or possessed by a certified propagator for the exclusive purpose of
			 producing triploid grass carp.
(4)
			 Individuals of any aquatic species may be immediately released at the time of
			 catch back into the water body from which they are caught.
(5) Tilapia (Tilapia spp. or Oreochromis
			 spp.) may be transported and sold live within Kentucky for aquarium use or to
			 a:
(a) Licensed propagator;
(b) Licensed live fish and bait dealer;
			 or
(c) Person, corporation, or
			 other business entity that is selling fish for food in establishments licensed
			 for resale by another state agency or for sale as wholesale food
			 products.
(6) A person
			 may buy, sell, import, or possess goldfish (Carassius auratus) for use as
			 bait.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:125 - Transportation of fish

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 150.010, 150.170, 150.235, 150.485
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1)(c) authorizes the
				Department of Fish and Wildlife Resources to promulgate administrative
				regulations to regulate the buying, selling, or transporting of game and fish.
				KRS
				150.180(6) requires the
				commissioner to promulgate administrative regulations relating to issuance of a
				fish transportation permit.
				KRS
				150.280(2) requires the
				department to promulgate administrative regulations identifying species of
				wildlife that are potentially damaging to native ecosystems and prohibiting the
				transporting or holding of that wildlife. This administrative regulation
				provides for control of the transportation of fish, fish eggs, live bait, and
				other aquatic organisms into, through, and within the state to protect the
				resident fish population.
Section 1. A
			 Fish Transportation Permit shall not be required:
(1) By an individual to transport aquarium
			 species;
(2) By permitted Kentucky
			 fish propagators as established in
			 301 KAR 1:115, except if
			 transporting fish into Kentucky from outside of Kentucky;
(3) By individuals with a sport or commercial
			 fishing license to transport legally caught bait or fish;
(4) By individuals transporting fish
			 purchased from a licensed live bait dealer or permitted commercial fish
			 propagator for stocking in private waters;
(5) By agents of the department while
			 performing their normal duties; or
(6) To transport live fish or other aquatic
			 organisms that were purchased for consumption from a licensed
			 retailer.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:130 - Live bait for personal use

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.170,
				150.175,
				150.340,
				150.450,
				150.990
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.
				50 C.F.R.
				17.11 establishes federally threatened or
				endangered fish species. This administrative regulation establishes the
				requirements for the taking of live bait for personal use.
Section 1. Definitions.
(1) "Different body of water" 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, but does
			 not include a river, stream, or creek that is separated by a low-level
			 dam.
(2) "Live bait" means the
			 organisms established in paragraphs (a) through (h) of this subsection if they
			 are alive:
(a) Live bait fishes;
(b) Crayfish;
(c) Salamanders;
(d) Frogs, except bullfrogs;
(e) Tadpoles;
(f) Native lampreys;
(g) Asiatic clams (Genus Corbicula);
			 or
(h) Other aquatic invertebrate
			 organisms, except for mussels.
(3) "Live bait fishes" means:
(a) Rough fishes, except Asian 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.
(4) "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.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:132 - Sale of live bait

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.175,
				150.180,
				150.280,
				150.450,
				150.485
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.
				50 C.F.R.
				17.11 establishes federally threatened or
				endangered fish species. This administrative regulation establishes the
				requirements under which live bait may be taken, transported, and sold.
Section 1. Definitions.
(1) "Asian carp" means:
(a) Bighead carp;
(b) Black carp;
(c) Grass carp; or
(d) Silver carp.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:140 - Special commercial fishing permit for Kentucky and Barkley lakes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010(32),
				150.450(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1) authorizes the
				Kentucky Department of Fish and Wildlife Resources to regulate the size or type
				of devices and methods used to take fish and wildlife, including places where
				taking is allowed. KRS 150.175(3) and
				(4) authorize the department to promulgate
				administrative regulations regarding the issuance of commercial fishing
				licenses, commercial fishing gear, and commercial fishing gear tags. This
				administrative regulation establishes restrictions on the use of gill and
				trammel nets at Kentucky and Barkley lakes.
Section
			 1. Permit Requirements.
(1) A
			 person shall possess a valid Kentucky commercial fishing license to obtain or
			 retain a permit throughout the special commercial fishing season.
(2) The department shall not issue more than
			 twenty-five (25) permits.
(3) A
			 permit holder shall submit a completed Application for a Special Commercial
			 Fishing Permit to the department, along with the appropriate permit fee
			 established in
			 301 KAR 5:022, postmarked on or
			 before November 1 to retain the permit privilege.
(4) The ability to purchase a permit shall
			 only be transferred to immediate family members.
(5) New permits shall not be issued until the
			 total number of permits is less than twenty-five (25).
(6) A drawing shall be used to select new
			 permittees if the total number of permits is less than twenty-five (25).
(a) A person applying for a vacant permit
			 shall submit to the department a completed Application for a Special Commercial
			 Fishing Permit postmarked on or before November 1, along with the appropriate
			 fee established in
			 301 KAR 5:022.
(b) The maximum number of permits issued to
			 nonresidents shall be seven (7).
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:152 - Harvest and sale of Asian carp

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.170,
				150.175,
				150.445,
				150.450(2),
				(3),
				150.990
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,
				to regulate the buying, selling, or transporting of fish and wildlife, and to
				make these requirements apply to a limited area. This administrative regulation
				establishes the requirements for the harvest and sale of Asian carp beyond the
				requirements of
				301 KAR
				1:155.
Section
			 1. Definitions.
(1) "Asian carp"
			 means:
(a) Bighead carp;
(b) Black carp;
(c) Grass carp; or
(d) Silver carp.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:155 - Commercial fishing requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.120,
				150.170,
				150.445,
				150.450(2),
				(3),
				150.990,
				217.015(20)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1) authorizes the
				Kentucky Department of Fish and Wildlife Resources to promulgate administrative
				regulations regarding the buying, selling, and transporting of fish and
				wildlife, the restriction of places where taking is permitted, and the
				application of administrative regulations to a limited area or to the entire
				state. KRS
				150.175(3) authorizes the
				department to establish a commercial fishing license that allows the taking and
				selling of rough fish. 50 C.F.R. 17 protects the shovelnose sturgeon from
				harvest because of similarity of appearance with the endangered pallid
				sturgeon. This administrative regulation establishes commercial fishing
				requirements, protects certain species from overharvest, and regulates the
				buying and selling of roe-bearing species of rough fish.
Section 1. Nonresident Commercial Fishing
			 Licenses. A nonresident commercial fishing license shall only be issued to
			 residents of states that offer nonresident fishing licenses to Kentucky
			 residents, except that a nonresident with a valid 2013 Kentucky nonresident
			 commercial fishing license shall be eligible to purchase a nonresident fishing
			 license in subsequent license years, unless the nonresident fails to purchase
			 the permit during any license year.
Section
			 2. Unlicensed Helpers.
(1) A
			 commercial fisher shall not utilize more than two (2) unlicensed helpers while
			 actively fishing.
(2) A commercial
			 fisher shall ensure that an unlicensed helper complies with all boating safety
			 requirements established in KRS Chapter 235.
(3) An unlicensed helper shall:
(a) Be accompanied by a licensed commercial
			 fisher while using commercial fishing gear; and
(b) Be permitted to transport roe or
			 roe-bearing fish in the absence of a commercial fisher with a Fish
			 Transportation Permit as established in
			 301 KAR
			 1:125.
(4) A commercial fisher whose commercial
			 fishing license has been suspended or revoked in Kentucky or in another state
			 shall not:
(a) Be listed as a helper by a
			 licensed Kentucky commercial fisher; or
(b) Assist a licensed Kentucky commercial
			 fisher in harvesting or transporting fish.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:171 - Grass carp supplier requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.025,
				150.180,
				150.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1) authorizes the
				department to promulgate administrative regulations to establish the procedures
				for transporting and conserving wildlife. This administrative regulation
				establishes the procedures for acquiring, transporting and producing triploid
				grass carp.
Section 1. Definitions.
(1) "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.
(2) "Triploid grass carp" means a fish of the
			 genus and species Ctenopharynogodon idella that is reproductively sterile
			 because it has been genetically altered so as to have an additional or extra
			 set of somatic chromosomes as determined by blood sample.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:180 - Fisheries management permit for private waters

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.025,
				150.470
NECESSITY, FUNCTION, AND CONFORMITY: To allow owners of
				nonpublic lakes to implement special fishery management programs which would
				otherwise be in conflict with statewide regulations.
Section 1. Special management regulations for
			 individual private lakes may be imposed provided an appropriate Fisheries
			 Management Permit request is submitted to the Division of Fisheries, Frankfort
			 office, and includes the signatures of the lake owner, county conservation
			 officer, and the signature and recommendations of the appropriate District
			 Fishery Biologist. With the approval of the Director, Division of Fisheries, a
			 Fisheries Management Permit will be issued to the lake owner and will specify
			 the recommended management program. The permit will serve as the owner's
			 authority to impose the special regulations.
Section 2. It will be owner's responsibility
			 to conspicuously post the regulation in a manner so that those anglers fishing
			 the lake will be aware of such restrictions.
STATUTORY AUTHORITY:
				  KRS
				  13A.350,
				  150.025
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:185 - Pay lakes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.470,
				150.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1)(h) authorizes the
				department to promulgate administrative regulations reasonably necessary to
				carry out the purposes of KRS Chapter 150.
				KRS
				150.175(24) establishes a
				pay lake license that authorizes the holder to operate privately-owned
				impounded waters for fishing purposes for which a fee is charged.
				KRS
				150.660 authorizes a person to establish a
				pay lake subject to the approval of the Commissioner of the department. This
				administrative regulation establishes the requirements for pay lake
				operators.
Section 1. Definitions.
(1) "Pay lake" means a privately-owned,
			 impounded body of water where a daily fee is charged to fish, and is open to
			 the public.
(2) "Pay lake operator"
			 means a person who holds a valid pay lake license, as established in
			 301 KAR
			 3:022.
(3)
			 "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.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:201 - Taking of fish by traditional fishing methods

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.170,
				150.175,
				150.340,
				150.620,
				150.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1) authorizes the
				Department of Fish and Wildlife Resources to promulgate administrative
				regulations regarding the buying, selling and transporting of fish and
				wildlife, the restriction of places where taking is permitted, and the
				application of administrative regulations to a limited area or to the entire
				state. KRS
				150.470(1) authorizes the
				department to promulgate administrative regulations regarding daily limits, and
				size limits for fish. This administrative regulation establishes fish size
				limits, daily limits, and possession limits for fishing.
Section 1. Statewide Limits and Requirements.
(1) A person taking fish from public or
			 private waters using traditional fishing methods shall observe the daily limits
			 and size limits established in paragraphs (a) through (l) of this subsection,
			 except as established in Sections 2 through 6 of this administrative regulation
			 or pursuant to
			 301 KAR 1:180:
(a) Black bass daily limit, six (6).
1. Largemouth bass and smallmouth bass size
			 limit, twelve (12) inches.
2.
			 Kentucky bass and Coosa bass, no size limit;
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:210 - Free fishing days

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.170 and
				150.175
				authorize the department to promulgate administrative regulations requiring
				licenses for taking fish.
				KRS
				150.025 authorizes the department to
				establish administrative regulations to carry out the purposes of KRS Chapter
				150, which includes fish conservation education. This administrative regulation
				establishes free fishing days the first weekend in June and establishes the
				requirements for taking fish during the free fishing days.
Section 1. Free Fishing Days. There shall be
			 two (2) days each year designated as "free fishing days" to promote the sport
			 of fishing and conservation of fish. The two (2) free fishing days shall be the
			 first weekend in June of each year.
Section
			 2. Requirements. During the free fishing days, individuals shall
			 be permitted to fish without a license. Creel and size limits and the
			 provisions of KRS Chapter 150 and 301 KAR Chapter 1 shall apply, including
			 entry on to private lands.
Section
			 3. Trout Permits. A trout permit shall not be required during free
			 fishing days for persons who are fishing for trout.
STATUTORY AUTHORITY:
				  KRS
				  150.025,
				  150.170,
				  150.175
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:220 - Reciprocal agreements regarding fishing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.340,
				150.440,
				150.445,
				150.450,
				150.470
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(8) authorizes the
				department to enter into reciprocal agreements with other states so that a
				person 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
				reciprocal agreement requirements between Kentucky and bordering states.
Section 1. Reciprocal Agreements.
(1) Pursuant to
			 KRS
			 150.170(8), Kentucky has
			 entered into reciprocal agreements with neighboring states regarding fishing
			 requirements on common bodies of water.
(2) Persons fishing in Dale Hollow Lake, the
			 Big South Fork portion of the Cumberland River, a portion of the Kentucky Lake,
			 the Mississippi River, the Ohio River, and the Big Sandy and Tug Fork rivers
			 shall comply with the fishing requirements in the reciprocal agreements
			 incorporated by reference in this administrative regulation.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:400 - Assessing fish kill damages

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.460(1), (3),
				150.990(7)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.460(1) and (3) make it
				illegal for a person to pollute the waters of the commonwealth.
				KRS
				150.990(7) holds a person
				who violates
				KRS
				150.460 liable to the department in an amount
				not to exceed the value of any fish or wildlife killed or destroyed. This
				administrative regulation establishes the standard the department shall use to
				determine the replacement value of fish killed in pollution cases.
Section 1. The department shall use the
			 American Fisheries Society Special Publication 35, "Investigation and Monetary
			 Values of Fish and Freshwater Mollusk Kills", to assess the replacement value
			 of fish killed in violation of
			 KRS
			 150.460(1) or (3).
Section 2. Incorporation by
			 Reference.
(1) The American Fisheries Society
			 Special Publication 35: "Investigation and Monetary Values of Fish and
			 Freshwater Mollusk Kills", 2017 edition, is incorporated by
			 reference.
(2) This material may be
			 inspected, copied, or obtained, subject to applicable copyright law, at the
			 Department of Fish and Wildlife Resources, #1 Game Farm Road, Frankfort,
			 Kentucky 40601, Monday through Friday, 8 a.m. until 4:30 p.m.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 1 - Fish › Section 301 KAR 1:410 - Taking of fish by nontraditional fishing methods

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.170,
				150.175,
				150.235,
				150.445,
				150.620,
				150.990
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 limits, and methods of take, and
				to make those requirements apply to a limited area.
				KRS
				150.440 requires the department to promulgate
				administrative regulations for establishing open seasons and limits for rough
				fish by gigging, grabbing, snaring, and snagging.
				KRS
				150.470(1) requires the
				department to promulgate administrative regulations for bag or daily limits for
				fish. KRS
				235.280 requires the department to promulgate
				administrative regulations to govern the fair, reasonable, equitable, and safe
				use of all waters of the state. This administrative regulation establishes the
				procedures for taking sport and rough fish by nontraditional fishing
				methods.
Section 1. General
			 Provisions.
(1) A person using nontraditional
			 fishing methods shall observe the daily limits and size limits established in
			 paragraphs (a) through (d) of this subsection:
(a) The daily limit for catfish using any
			 non-traditional fishing method shall not include more than one (1) trophy
			 catfish of each species, except as established in Section 6(3) of this
			 administrative regulation.
(b) The
			 paddlefish daily limit shall be two (2) with no size limit.
(c) The shovelnose sturgeon daily limit shall
			 be two (2) with no size limit.
(d)
			 The invasive carp daily limit shall be unlimited with no size limit.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 2 - Game › Section 301 KAR 2:015 - Feeding of wildlife

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.015
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.015 requires the department to protect
				and conserve the wildlife of this Commonwealth.
				KRS
				150.025(1)(h) authorizes the
				department to promulgate administrative regulations to carry out the provisions
				of KRS Chapter 150. This administrative regulation establishes restrictions on
				the feeding of wildlife that will serve to protect wildlife from disease and
				toxic substances that could cause harm to the wildlife population if left
				unregulated.
Section 1. Definitions.
(1) "Captivity" means confinement by fence or
			 other structure, or restraint intended to prevent escape.
(2) "Curtilage of the home" means the area
			 encompassing the grounds immediately surrounding any home or group of homes
			 used in the daily activities of domestic life, and:
(a) Might or might not be enclosed by a fence
			 or other barrier; and
(b) Includes
			 areas occupied by captive cervids as established in
			 301 KAR 2:083 and wildlife held
			 in captivity for rehabilitation purposes as established in
			 301 KAR 2:075 or held in
			 captivity as established in
			 301 KAR 2:081 and
			 301 KAR 2:082.
(3) "Feeding":
(a) Means willingly, wantonly, or knowingly
			 depositing, distributing, or scattering of shelled, shucked, or unshucked corn,
			 millet, milo, safflower seed, sunflower seed, thistle, wheat, or other grain or
			 any manufactured feed or food product to be consumed by wildlife; and
(b) Does not mean the establishment and
			 maintenance of plantings for wildlife, foods found scattered solely as the
			 result of normal agricultural planting practices or harvesting practices, foods
			 available to wildlife through normal agricultural practices of livestock
			 feeding if the areas are occupied by livestock actively consuming the feed on a
			 daily basis, or standing farm crops under normal agricultural
			 practices.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 2 - Game › Section 301 KAR 2:030 - Commercial guide license

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.170,
				150.412,
				164.772
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025 authorizes the department to
				promulgate administrative regulations to establish open seasons for the taking
				of wildlife, to regulate bag limits and methods of take, and to make these
				requirements apply statewide or to a limited area.
				KRS
				150.175(11) authorizes the
				department to issue a commercial guide license, which authorizes the holder to
				guide hunting and fishing parties.
				KRS
				150.190 authorizes the department to ensure
				that an applicant for a commercial guide license is qualified to act as a
				commercial guide. This administrative regulation establishes the requirements
				for a commercial guide license.
Section
			 1. Definitions.
(1) "Commercial
			 guide" means a person who advertises, or offers their services for profit, to
			 aid others in the take of fish or wildlife, excluding land leasing for hunting
			 access, tracking of wounded wildlife, club memberships, classroom instruction
			 or seminars.
(2) "Fishing guide
			 helper" means a person who assists a commercial guide and is in the same boat
			 or is directly alongside of the commercial guide if standing on a stream or
			 river bank and while guiding others in the taking of fish.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 2 - Game › Section 301 KAR 2:041 - Shooting areas, dog training areas, commercial foxhound training enclosures, and bobwhite shoot-to-train season

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.170,
				150.180,
				150.280,
				150.630,
				150.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1) authorizes the
				department to promulgate administrative regulations establishing hunting
				seasons, bag limits, and methods of taking wildlife, and to make these
				requirements apply to a limited area or to the entire state.
				KRS
				150.175(28) authorizes the
				issuance of a special license for residents and nonresidents for the purpose of
				hunting on licensed shooting areas.
				KRS
				150.240(2) authorizes the
				department to promulgate administrative regulations governing public or
				commercial shooting areas. This administrative regulation establishes a
				bobwhite shoot-to-train season and other requirements to ensure uniform
				operation of shooting areas, dog training areas, and commercial foxhound
				training enclosures.
Section 1.
			 Definitions.
(1) "Dog training area permit"
			 means a permit that designates an area to allow dog training and shooting of
			 captive-reared bobwhite quail.
(2)
			 "Hoofed animal" means ungulate wildlife except wild hogs and
			 javelinas.
(3) "Shooting area"
			 means a place where animals are held or propagated in captivity and released to
			 be taken by hunters.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 2 - Game › Section 301 KAR 2:049 - Small game and furbearer hunting and trapping on public areas

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.092,
				150.170,
				150.370,
				150.399,
				150.990,
				150.995
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1) authorizes the
				department to promulgate administrative regulations to establish open seasons
				for the taking of wildlife, to regulate bag limits and methods of take, and to
				make these requirements apply statewide or to a limited area.
				KRS
				150.175(7) and (9) authorize
				the department to issue licenses, permits, and tags for hunting and trapping.
				KRS
				150.360 requires restrictions on the taking
				of wildlife and authorizes the department to promulgate administrative
				regulations establishing the requirements for hunting coyotes at night.
				KRS
				150.400 authorizes the department to
				establish the types of traps that can legally be used by trappers.
				KRS
				150.410 authorizes the department to regulate
				trap tags, trap visitation, and trap placement to protect domestic animals.
				KRS
				150.620 authorizes the department to
				promulgate administrative regulations for the maintenance and operation of the
				lands the department has acquired for public recreation. This administrative
				regulation establishes exceptions to statewide small game and furbearer
				requirements on public areas.
Section
			 1. Definitions.
(1) "Adult"
			 means a person who is at least eighteen (18) years of age.
(2) "Body-gripping trap" means a commercially
			 manufactured spring-loaded trap designed to kill an animal upon
			 capture.
(3) "Dry land set" means a
			 trap that is set so that no portion of the trap touches the water of a stream,
			 river, pond, lake, wetland, or other water course.
(4) "Furbearer" means mink, muskrat, beaver,
			 raccoon, opossum, gray fox, red fox, least weasel, long-tailed weasel, river
			 otter, bobcat, coyote, or striped skunk.
(5) "Pheasant hunt unit" means a portion of a
			 WMA that is designated by the department for the purposes of a pheasant quota
			 hunt.
(6) "Wildlife Management
			 Area" or "WMA" means a tract of land:
(a)
			 Controlled by the department through ownership, lease, license, or cooperative
			 agreement; and
(b) That has
			 "Wildlife Management Area" or "WMA" as part of its official name.
(7) "Youth" means a person under
			 the age of sixteen (16) by the date of the hunt or the trapping date.