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).
Section 2. Turtle Season and Methods of
Taking.
(1) Turtle season shall be open
year-round.
(2) Turtles may be
taken day or night.
(3) Unless
exempt from license requirements by
KRS 150.170(2), (3), (4), or (6), a person who takes a turtle shall
possess a valid:
(a) Hunting license if using:
1. A gun; or
2. Bow and arrow;
(b) Sport fishing license if:
1. Using a hook and line in hand;
2. Using a fishing rod or fishing pole in
hand;
3. Jugging;
4. Using a setline;
5. Using a sport fishing trot line;
6. Grabbing by hand;
7. Grabbing with a handled hook;
8. Gigging;
9. Snagging; or
10. Using a turtle trap as specified in
subsections (4), (5), and (6) of this section.
(4) A turtle trap shall:
(a) Be a barrel or drum with a tilting board
trigger; or
(b) Be a floating log
raft with an enclosed twine or wire mesh bag.
(5) Turtle traps shall not be constructed or
set so that other animals may reasonably be expected to be caught.
(6) A person setting a turtle trap shall:
(a) Inspect the trap daily;
(b) Remove turtles from the trap, except that
one (1) decoy turtle may remain in the trap; and
(c) Release unharmed any species other than a
turtle.
(7) A person
shall not use commercial fishing gear to take turtles, pursuant to
301 KAR 1:146.
(8)
A person shall not take turtles for commercial purposes.
