Current through Register Vol. 50, No. 9, March 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.
Section 2. Dale Hollow Lake.
(1) Pursuant to the reciprocal agreement
incorporated by reference in this administrative regulation, a valid sport
fishing license issued by the State of Tennessee shall be valid in the Kentucky
portions of the Wolf River embayment of Dale Hollow Lake:
(a) Beginning where Wolf River joins the main
part of the lake at the Obey River; and
(b) Including the Illwill Creek
Embayment.
(2) A person
fishing within the boundaries established in subsection (1) of this section
shall observe the size and creel limits of the state in which the person is
licensed.
Section 3. Big
South Fork of the Cumberland River.
(1)
Pursuant to the reciprocal agreement incorporated by reference in this
administrative regulation, a valid sport fishing license issued by either
Tennessee or Kentucky shall be valid in the portion of the Big South Fork of
the Cumberland River beginning at the Leatherwood Ford bridge at Highway 297 in
Tennessee and continuing to the Highway 92 Bridge at Yamacraw,
Kentucky.
(2) A person fishing
within the boundaries established in subsection (1) of this section shall
observe the size and creel limits of the state in which the person is
licensed.
Section 4.
Kentucky Lake.
(1) Pursuant to the reciprocal
agreement incorporated by reference in this administrative regulation, Kentucky
and Tennessee shall recognize the sport fishing licenses of the two (2) states
on the portion of Kentucky Lake south of the Eggners Ferry Bridge (U.S. 68 and
Hwy 80) in Kentucky and north of the Governor Ned McWhorter Bridge (U.S. 79 and
Hwy 76) in Tennessee.
(2)
Embayments and tributaries within this portion of Kentucky Lake, except Blood
River embayment, shall be included.
(3) The Blood River embayment boundary shall
be delineated as a straight line between opposite points where the embayment
connects to the main body of Kentucky Lake.
(4) A sport fishing license holder from
either state may fish from the bank or attach legal sport fishing trot or limb
lines in the reciprocal portion of Kentucky Lake.
(5) Sport fishing license holders shall abide
by the administrative regulations of the state in whose waters they are
fishing.
(6) Wildlife enforcement
officials of either state shall have the right to inspect the licenses,
permits, creel, and equipment of any person on the reciprocal portion of
Kentucky Lake subject to the laws of either Kentucky or Tennessee.
Section 5. Mississippi River.
(1) Pursuant to the reciprocal agreement
incorporated by reference in this administrative regulation, Kentucky and
Missouri shall recognize the sport fishing licenses and permits of Kentucky and
Missouri.
(2) The main channel of
the Mississippi River and the immediate side or secondary channels or chutes
are included when referring to the Mississippi River.
(3) Sport fishing license or permit holders
may:
(a) Fish from land along the river under
the jurisdiction of the other state; or
(b) Attach a fishing device or equipment on
land along the river under the jurisdiction of the other state.
(4) Landowner permission is
required to fish from the banks of the Mississippi River.
(5) A person shall abide by the
administrative regulations of the state in whose waters the person is fishing,
but should the two (2) states' administrative regulations conflict, a person
shall comply with the more restrictive of the two (2) states' administrative
regulations.
(6) Wildlife
enforcement officials of Kentucky and Missouri shall have the right to inspect
the licenses, permits, creel, and equipment of any person on common portions of
the Mississippi River subject to the laws of Kentucky and Missouri.
(7) Exclusions to the agreement.
(a) Oxbow and floodplain lakes and tributary
streams are not included in the agreement.
(b) A tributary is delineated by a straight
line between opposite points where the stream or river connects with the main
body of the Mississippi River.
(c)
The agreement does not include backwaters that extend onto the floodplain or
tributaries when the river exceeds thirty-three (33) feet at the gauging
station at Cairo, Illinois.
Section 6. Ohio River Agreement with the
State of Ohio.
(1) Pursuant to the reciprocal
agreement incorporated by reference in this administrative regulation, Ohio and
Kentucky shall recognize the sport fishing license and appropriate stamps of
Ohio and Kentucky on the main stem and from the banks of the Ohio River where
the Ohio River forms the state boundary, excluding embayments and
tributaries.
(2) A person shall
comply with the administrative regulations of the state in which the license or
permit is issued, except that a person who is fishing from a bank shall comply
with the administrative regulations of the state where the bank is
located.
(3) Commercial fishing and
musseling are prohibited on the Ohio side of the river.
(4) Wildlife enforcement officials of either
state shall have the right to inspect the license, creel, and equipment of a
person on the Ohio River subject to the laws of either state.
(5) An embayment and a tributary are
delineated by a straight line between opposite points where the embayment or
tributary connects with the main body of the Ohio River.
Section 7. Ohio River Agreement with the
State of Indiana.
(1) Pursuant to the
reciprocal agreement incorporated by reference in this administrative
regulation, Indiana and Kentucky shall recognize the sport fishing license and
appropriate stamps or permits of Indiana and Kentucky on the main stem and from
the banks of the Ohio River where the Ohio River forms the state boundary,
excluding embayments and tributaries.
(2) A person shall comply with the
administrative regulations of the state in which the license or permit is
issued, except that a person who is fishing from a bank shall comply with the
administrative regulations of the state where the bank is located.
(3) Wildlife enforcement officials of either
state shall have the right to inspect the license, creel, and equipment of a
person on common portions of the Ohio River subject to the laws of either
state.
Section 8. Ohio
River Agreement with the State of Illinois.
(1) Pursuant to the reciprocal agreement
incorporated by reference in this administrative regulation, Illinois and
Kentucky shall recognize the sport fishing license and appropriate stamps or
permits of Illinois and Kentucky on the main stem and from the banks of the
Ohio River where the Ohio River forms the state boundary, excluding embayments
and tributaries.
(2) A person shall
comply with the administrative regulations of the state in which the license or
permit is issued, except if the two (2) states' administrative regulations
conflict, a person shall comply with the more restrictive of the two (2)
states' administrative regulations.
(3) A person who is fishing from a bank shall
comply with the administrative regulations of the state where the bank is
located.
(4) Embayment and
tributary boundaries are delineated by a straight line between opposite points
where the tributary or embayment connects with the main body of the Ohio
River.
(5) Wildlife enforcement
officials of either state shall have the right to inspect the license, creel,
and equipment of a person on common portions of the Ohio River subject to the
laws of either state.
Section
9. Big Sandy and Tug Fork Rivers.
(1) Pursuant to the reciprocal agreement
incorporated by reference in this administrative regulation, West Virginia and
Kentucky shall recognize the sport fishing license and appropriate stamps or
permits of West Virginia and Kentucky on the main stem and from the banks of
the Big Sandy and Tug Fork rivers from the confluence of the Big Sandy River
with the Ohio River to the Virginia state line, excluding tributaries, except
that Kentucky residents shall hold any applicable Kentucky resident
license.
(2) A person shall comply
with the administrative regulations of the state in which the license or permit
is issued, except that a person who is fishing from a bank shall comply with
the administrative regulations of the state where the bank is
located.
(3) A tributary boundary
is delineated by a straight line between opposite points where the tributary
connects with the main body of the Big Sandy or Tug Fork rivers.
Section 10. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Reciprocal
Fishing Agreement Between the Department and the Tennessee Wildlife Resources
Agency Regarding Dale Hollow Lake", November 1997 edition;
(b) "Reciprocal Fishing Agreement Between the
Department and the Tennessee Wildlife Resources Agency Regarding the Big South
Fork of the Cumberland River", November 1997 edition;
(c) "Reciprocal Agreement on Kentucky Lake
between the Commonwealth of Kentucky and the State of Tennessee", August 2003
edition;
(d) "Reciprocal Fishing
Agreement Between the Department and the State of Missouri Regarding the
Mississippi River", February 2003 edition;
(e) "Reciprocal Agreement Between the
Department and the Ohio Department of Natural Resources", November 2002
edition;
(f) "Revision to
Memorandum of Understanding between the Commonwealth of Kentucky, Department of
Fish and Wildlife Resources and the State of Indiana Department of Natural
Resources", October 2007 edition;
(g) "Amendment to the Memorandum of
Understanding between the Commonwealth of Kentucky, Department of Fish and
Wildlife Resources and the State of Illinois Department of Natural Resources",
November 2007 edition; and
(h)
"Reciprocal Agreement Between The State Of West Virginia And The Commonwealth
Of Kentucky Regarding Reciprocal Hunting and Fishing Privileges", July 2014
edition.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's
Lane, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
150.025(1)(h),
150.170(8)