Jenny Gilbert

This administrative regulation establishes the procedures for taking sport and rough fish by nontraditional fishing methods.

This administrative regulation is necessary to effectively manage the fish populations of Kentucky and to provide for reasonable recreational fishing opportunities.

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 150.440 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 requires the department to promulgate administrative regulations for daily limits and size 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 will assist in the administration of the statutes by authorizing the methods used to take fish, the areas open for such take, and the seasons and limits to be used when taking fish by nontraditional methods.

This amendment clarifies the dates when it is illegal to possess a gig, adds a shovelnose sturgeon possession limit of two (2) fish, adds a possession limit of two (2) fish for sportfish taken by trot line, jug line, or set line, requires sport fishing trotlines to be tagged at both ends with the angler’s customer identification number, and prohibits hand grabbing on lakes less than 500 acres owned or managed by the department, except Ballard, Peale, and Swan Lake Wildlife Management Area lakes in Ballard County.

301 KAR 1:082 – Frog season; limits, states that it is 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 the following year." This wording is not in 301 KAR 1:410 under the gigging section. Unless an angler looks at the frog season regulation, they would not know of the gig possession restrictions. Adding this wording to 301 KAR 1:410 will clarify this restriction. Paddlefish and trophy catfish possession limits are already set in the "General Provisions" section of 301 KAR 1:410, along with their daily limits. A daily limit for shovelnose sturgeon is also set, but there is no possession limit listed for this species. Similarly, sportfish size limits and daily limits listed in 301 KAR 1:201 already must be observed by persons using a trotline, jugline, or setline. However, there is not currently a possession limit. A possession limit of 2 times the daily limit is needed in both cases to provide the necessary protection. Sport fishing trot lines are currently required to be tagged, but the regulation does not specify where. To make it easier for Law Enforcement to efficiently identify the owner of a sport fishing trotline and not have to examine the whole line to find the single tag, Fisheries recommends the customer identification number be placed at both ends of the line. 301 KAR 1:410 already contains wording prohibiting the use of trotlines, jug lines, and setlines in lakes less than 500 acres that are owned or managed by the department. These smaller lakes are often not conducive to natural reproduction of catfish and often receive high use by shoreline fishing anglers, so they are not intended or conducive to these nontraditional fishing methods. Prohibiting hand grabbing on these small lakes will prevent user conflicts, especially at designated FINS lakes. Fisheries also proposes exceptions for Ballard, Peal, and Swan Lake WMA lakes to match the regulations for trotlines jug lines, and setlines.

See 1(c) above.

See 1(d) above.

All anglers using non-traditional methods to take rough fish and sport fish will be affected by this amendment.

Anglers will have to follow the possession limits for shovelnose sturgeon and sport fish listed in the amendment, as well as tag their sportfishing trot lines at both ends and not hand grab on lakes less than 500 acres owned or managed by the department, except those lakes on the Wildlife Management Areas listed.

There will be no additional costs to comply with these regulations.

By complying with these amendments, anglers will provide better protection for shovelnose sturgeon and sportfish, which will help maintain these populations. In addition, by tagging their trotlines at both ends, they will assist law enforcement with compliance checks and reduce unnecessary injuries to the wardens. Finally, by avoiding hand grabbing on the smaller state-owned or managed lakes, anglers will help reduce user conflict and better protect department-stocked catfish for use in the FINS (Fishing in Neighborhoods) Program lakes.

There will be no initial cost to implement this administrative regulation.

There will be no additional cost on a continuing basis.

The source of funding is the State Game and Fish Fund.

It will not be necessary to increase fees or funding to implement this administrative regulation.

This administrative regulation does not establish any fees, nor does it indirectly increase any fees.

Tiering was not applied because all individuals using non-traditional fishing methods in Kentucky must abide by the same requirements.

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 150.440 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 requires the department to promulgate administrative regulations for daily limits and size 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.

The Department’s Fisheries Division and Law Enforcement Division will be impacted by this amendment.

There will be a no additional cost for KDFWR to administer this program in the first year.

There will be no additional revenue generated by this amendment in the first year.

There will be no cost savings generated by this amendment in the first year.

There will be no change to expenditures, revenues, or cost savings in subsequent years.

There will be no additional costs for regulated entities in the first year.

This regulation will not directly generate revenue for state or local government in the first year.

There will be no cost savings generated for regulated entities or state or local government in the first year.

There will be no change in expenditures, revenues, or cost savings in subsequent years.

This regulation amendment adds possession limits for some fish species, restricts hand grabbing on smaller lakes, and provides clarification and better cooperation with law enforcement on certain gears. These amendments will not add any additional costs to regulated entities and no additional revenue or cost savings will be generated.

Since the anglers are still paying the same price for their license, there are no additional costs. Sport (recreational) anglers are not allowed to sell the fish they harvest (except invasive carp), so there has never been an opportunity for them to generate revenue from non-traditional fishing methods.

This administrative regulation will not have a negative major economic impact to the entities identified in question (2) – (4).

The only costs to the entities in questions (2) – (4) will be the cost to purchase a fishing license. This was required prior to these amendments and the cost has not changed.