301 KAR 1:410. Taking of fish by nontraditional fishing methods

      Section 1. Definitions. (1) "Angler" means a person holding a valid resident or nonresident fishing license and includes those persons who are license exempt pursuant to KRS 150.170.

      (2) "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.

      (3) "Asian carp" means bighead carp, silver carp, black carp, and grass carp.

      (4) "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.

      (5) "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.

      (6) "Cull" means to release a previously caught fish that an angler has kept as a part of a daily creel limit and replace it with another fish of the same species.

      (7) "Pneumatic arrow launching device" means a device designed to fire an arrow through the use of a compressed air cartridge.

      (8) "Temporary aquatic area" means an area temporarily inundated from, but still connected to, a stream, river, or reservoir and that persists only for the duration of the elevated water levels.

      (9) "Temporary pool" means an area temporarily inundated from, but not connected to, a stream, river, or reservoir.

 

      Section 2. Skin Diving, Scuba Diving, and Underwater Spear Fishing. (1) Skin diving or scuba diving shall be prohibited in all lakes owned by the department, except as established in subsections (2), (3), and (4) of this section.

      (2) Skin diving and scuba diving shall be allowed in salvage operations if the diver receives prior written permission from:

      (a) The department’s Division of Law Enforcement; or

      (b) The local conservation officer who is assigned to the particular department-owned lake.

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

      (4) Skin diving and scuba diving shall be allowed in Greenbo Lake:

      (a) In a designated cove marked with signage and buoys;

      (b) From April 1 through October 31; and

      (c) From 10:00 a.m. to 6:00 p.m. daily.

      (5) A person who is skin diving or scuba diving in a designated cove pursuant to subsection (4) of this section shall display an international diving flag pursuant to 301 KAR 6:030.

      (6) Recreational boating and angling shall be prohibited in the designated cove marked with signage and buoys during the times open to skin diving and scuba diving as established in subsection (4) of this section if an international diving flag is present in the cove.

      (7) Underwater spearing of fish with a hand held spear or mechanically-propelled spear shall be legal throughout the year in lakes 1,000 acres in size or larger as measured at the normal summer pool level as established in paragraphs (a) and (b) of this subsection.

      (a) A participant who is spearing fish shall:

      1. Be completely submerged in the water where spearing takes place;

      2. Possess a valid Kentucky fishing license or be license exempt pursuant to KRS 150.170; and

      3. Only spear rough fish.

      (b) The daily limit shall be fifteen (15) rough fish, no more than five (5) of which shall be catfish.

 

      Section 3. Sport Fishing Trotlines, Jugging, and Setlines. (1) Each sport fishing trotline, jug line, or setline shall be permanently labeled or tagged with the name and address of the person using it.

      (2) Each trotline, jug line, or setline shall be checked by the owner at least once every twenty-four (24) hours, at which time the owner shall:

      (a) Bait all hooks; and

      (b) Remove all caught fish.

      (3) A trotline, setline, or jug line shall be confiscated if it is not:

      (a) Properly labeled or tagged; or

      (b) Checked or baited at least once every twenty-four (24) hours.

      (4) An angler shall not use more than:

      (a) Two (2) sport fishing trotlines;

      (b) Twenty-five (25) setlines; or

      (c) Fifty (50) jug lines.

      (5) Multiple anglers in one (1) boat shall not use more than fifty (50) jug lines per boat.

      (6) A person using a sport fishing trotline shall:

      (a) Set the trotline at least three (3) feet below the water's surface;

      (b) Not have more than fifty (50) single or multi-barbed hooks; and

      (c) Have all hooks at least eighteen (18) inches apart on the trotline.

      (7) A person shall not use a jug line or setline with more than one (1) single or multi-barbed hook.

      (8) A sport fishing trotline, jug line, or setline shall not be used in the waters established in paragraphs (a) through (d) of this subsection:

      (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:

      1. Ballard Wildlife Management Area lakes, Ballard County;

      2. Peal Wildlife Management Area lakes, Ballard County; and

      3. Swan Lake Wildlife Management Area lakes, Ballard County; or

      (d) In the areas of the Ohio River established in subparagraphs 1. through 8. of this paragraph:

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

      2. J. T. Meyers Dam 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; or

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

      (9)(a) The Taylorsville Lake blue and channel catfish limits shall be an aggregate daily creel limit of fifteen (15).

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

      (10) An angler using a trotline, jug line, or setline shall follow all sport fish daily creel limits and size limits pursuant to 301 KAR 1:201.

 

      Section 4. Temporary Aquatic Areas and Temporary Pools. (1) The department, with consent of the landowner, may delineate temporary aquatic areas and temporary pools where rough fish may be taken by any method except:

      (a) Poison;

      (b) Electrical devices;

      (c) Firearms; or

      (d) Explosives.

      (2) The department shall be authorized to establish the exact dates and times when rough fish may be taken in temporary aquatic areas and temporary pools.

      (3) A person shall be required to possess a valid Kentucky fishing license or be license exempt pursuant to KRS 150.170.

      (4) A person with a valid commercial fishing license may use nets and seines if the nets and seines are appropriately tagged, pursuant to 301 KAR 1:146.

      (5) A person shall first obtain the permission of the landowner before taking rough fish from a temporary pool.

 

      Section 5. Gigging and Snagging. (1) Gigging and snagging season shall be February 1 through May 10, except as established in subsections (7) and (9) of this section.

      (2) A person shall not:

      (a) Gig or snag a sport fish, pursuant to 301 KAR 1:060, except as established in subsections (7) and (9) of this section;

      (b) Gig or snag from a platform;

      (c) Gig from a boat in a lake with a surface area of less than 500 acres;

      (d) Gig at night from a boat; or

      (e) Snag from a boat.

      (3) A snagging rod shall be equipped with:

      (a) Line;

      (b) Guides;

      (c) A reel; and

      (d) One (1) single hook or treble hook attached to the line, except that five (5) hooks, either single or treble, may be used while snagging in:

      1. The Green River and its tributaries; or

      2. The Rolling Fork River and its tributaries.

      (4) A person who accidentally gigs or snags a sport fish shall immediately return the fish to the water, except as established in subsections (7) and (9) of this section.

      (5) A person shall not gig or snag in the areas or bodies of water established in paragraphs (a) through (f) of this subsection:

      (a) The Cumberland River below Wolf Creek Dam downstream to the Tennessee line, including Hatchery Creek;

      (b) Any tributary of the Cumberland River below Wolf Creek Dam to the Tennessee line from the junction of the tributary with the Cumberland River to one-half (1/2) mile upstream;

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

      (d) The Rough River, below Rough River Lake Dam downstream to the State Highway 54 bridge in Breckinridge and Grayson Counties;

      (e) Cave Run Lake; or

      (f) Within 200 yards of any dam on a river or stream, except as established in subsection (7) of this section.

      (6) A person shall not gig in the Tennessee River below Kentucky Lake Dam.

      (7) A person may snag sport fish or rough fish in the Tennessee River below the Kentucky Lake Dam to the U.S. 62 bridge:

      (a) For twenty-four (24) hours a day from January 1 through May 31; and

      (b) From sunset to sunrise from June 1 through December 31.

      (8) A person shall not snag in that section of the Tennessee River from the U.S. 62 bridge to the Interstate 24 bridge.

      (9) A person may snag sport fish or rough fish year round in the section of the Tennessee River from the Interstate 24 bridge to the Ohio River.

      (10) A person shall not snag on the Tennessee River:

      (a) Under the U.S. 62 bridge;

      (b) Under the P & L Railroad bridge; or

      (c) From the fishing piers located below the U.S. 62 bridge.

      (11) There shall not be a daily creel limit for rough fish except:

      (a) The daily creel limit for rough fish in the Cumberland River below Barkley Lake Dam shall be eight (8) except there shall not be a creel limit on Asian Carp;

      (b) The daily aggregate creel limit for snagging of rough and sport fish in the Tennessee River below Kentucky Lake Dam shall be eight (8) except there shall not be a creel limit on Asian Carp; and

      (c)1. The statewide daily creel limit for paddlefish shall be two (2), in all areas outside those established in paragraphs (a) and (b) of this subsection; and

      2. In an area established in paragraph (a) or (b) of this subsection, up to eight (8) paddlefish may be taken.

      (12) A person shall immediately retain, and not release or cull, any gigged or snagged paddlefish.

      (13) All snagged fish in the Tennessee River below Kentucky Lake Dam shall be immediately retained, and not released or culled, except for Asian carp, shad, or herring.

      (14) All gigged or snagged rough fish in the Cumberland River below Barkley Lake Dam shall be immediately retained, and not released or culled, except for Asian carp, shad, or herring.

      (15) A person shall immediately cease snagging if:

      (a) A daily limit of paddlefish is reached; or

      (b) A daily limit of sport fish has been caught in the Tennessee River below Kentucky Lake Dam, even if the creel limit for that sport fish is less than eight (8).

 

      Section 6. Grabbing. (1) The grabbing season for rough fish shall be June 1 to August 31 during daylight hours.

      (2) Grabbing shall be permitted in all waters.

      (3) The daily creel limit for grabbing shall be fifteen (15) fish, no more than five (5) of which may be catfish.

 

      Section 7. Bow Fishing. (1) An angler using archery equipment, a crossbow, or a pneumatic arrow launching device shall not take:

      (a) Sport fish;

      (b) Alligator gar;

      (c) More than five (5) catfish daily; or

      (d) More than two (2) paddlefish daily.

      (2) Any paddlefish or catfish shot with archery equipment, a crossbow, or a pneumatic arrow launching device shall:

      (a) Be immediately retained, and not released or culled; and

      (b) Count toward a person's daily limit.

      (3) Bow fishing shall be open statewide, except:

      (a) In the Cumberland River below Wolf Creek Dam downstream to the Tennessee line including Hatchery Creek;

      (b) In any tributary of the Cumberland River below Wolf Creek Dam to the Tennessee line, from the junction of the tributary with the Cumberland River to one-half (1/2) mile upstream; or

      (c) 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; 35 Ky.R. 995; 1448; eff. 1-5-2009; 37 Ky.R. 744; 10-7-2010; 38 Ky.R. 1974; 39 Ky.R. 13; eff. 7-12-2012; 1944; eff. 5-31-2013; 41 Ky.R. 564;p 1048; eff. 12-5-2014; 42 Ky.R. 1322; eff. 1-4-2016.)

Notation

      RELATES TO: KRS 150.010, 150.170, 150.175, 150.235, 150.445, 150.620, 150.990

      STATUTORY AUTHORITY: KRS 150.025(1), 150.440, 150.470, 235.280

      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 bag limits, creel 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 creel limits for rough fish by gigging, grabbing, snaring, and snagging. KRS 150.470 requires the department to promulgate administrative regulations for bag or creel 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 including underwater spearing, scuba diving, sport fishing trotlines, jugging, setlines, gigging, snagging, grabbing, bow fishing, and the taking of rough fish from backwaters.