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
Universal Citation: 301 KY Admin Regs Service 1:132
Current through Register Vol. 50, No. 9, March 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.
(2) "Live bait" means the live organisms
established in paragraphs (a) through (h) of this subsection.
(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.
Section 2. Legal sources of live bait.
(1) Live bait may be sold by a person
possessing a valid:
(a) Live fish and bait
dealer's license if the person purchases the live bait from a legal source as
established in this section; or
(b)
Commercial fishing license, if the live bait is taken pursuant to the
requirements of this section.
(2) Live commercially harvested shad,
herring, mooneye, goldeye, or Asian carp shall not be transported or
sold.
(3) Legal sources of live
bait shall include:
(a) Live bait hatched and
reared in Kentucky by a person possessing a valid commercial fish propagation
permit;
(b) Legal commercial live
bait sources in states outside of Kentucky;
(c) A person selling Asiatic clams obtained
by means of a tagged commercial bait rake pursuant to Section 3 of this
administrative regulation, if the person possesses a valid commercial fishing
license; or
(d) A person with a
valid commercial fishing license who is selling live bait, except live shad,
live herring, live goldeye, and live mooneye, if taken pursuant to Section 3 of
this administrative regulation.
(4) A licensed live fish and bait dealer who
purchases live bait from legal sources outside of Kentucky shall possess a bill
of sale that lists the:
(a) Date of purchase;
and
(b) Number of each type of live
bait purchased.
Section 3. Legal methods of take.
(1) A
person shall not take live bait from any public waterway or water body for
commercial purposes, except as established in this section.
(2) A person who holds a valid commercial
fishing license may sell:
(a) Live bait,
except live shad, live herring, live goldeye, and live mooneye, that was taken
with legally set commercial fishing gear;
(b) Dead shad and dead herring, if taken with
a dip net with a maximum diameter of three (3) feet or a cast net with a
maximum diameter of twenty (20) feet and possessing a maximum bar mesh of one
(1) inch in the following bodies of water:
1.
Cumberland River below Barkley Dam;
2. Kentucky River downstream of Lock Number
Fourteen (14);
3. Mississippi
River;
4. Ohio River; or
5. Tennessee River; or
(c) Asiatic clams taken in legal commercial
fishing waters pursuant to
301 KAR
1:150 with a tagged commercial live bait rake having
the following specifications:
1. A maximum
width of twenty (20) inches;
2. A
maximum tine length of five (5) inches;
3. A maximum distance in between tines of one
(1) inch;
4. A basket with a
maximum:
a. Width of twenty (20)
inches;
b. Length of ten (10)
inches; and
c. Height of eight (8)
inches;
5. A rigid
handle with a maximum length of twenty (20) feet; and
6. The rake does not contain a bridle that
would allow dragging.
(3) Any mussel other than an Asiatic clam
shall be returned to the water unharmed.
Section 4. Other requirements.
(1) A person, corporation, or other business
entity transporting, selling, or possessing live bait for sale in Kentucky
shall hold a valid live fish and bait dealer's license and have in possession
the license or exact copy thereof when transporting, selling, or holding live
bait organisms in Kentucky.
(2) A
live fish and bait dealer's license shall not be used in lieu of a fish
propagation or transportation permit if these permits are also legally
required.
(3) A person,
corporation, or other business entity who transports live bait from one (1)
state, through Kentucky, to another state without conducting any business in
Kentucky shall not be required to have a live fish and bait dealer's license,
but shall have a valid Kentucky transportation permit.
(4) A person, corporation, or other business
entity is not required to possess a live fish and bait dealer's license if
selling live bait as food in establishments licensed by another state agency to
sell resale or wholesale food products.
STATUTORY AUTHORITY: KRS 150.025(1), 50 C.F.R. 17.11
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
