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150.010 Definitions for chapter.
As used in this chapter, unless the context otherwise requires:
(1) "Angling" means the taking or attempting to take fish by hook and line in hand,
rod in hand, jugging, setline, or sport fishing trotline;
(2) "Buy" includes offering to buy, acquiring, or possessing through purchase,
barter, exchange, or trade;
(3) "Commercial trotline" means a line to which are attached more than fifty (50)
single or multibarbed baited hooks, which shall not be placed closer than
eighteen (18) inches;
(4) "Commission" means the Department of Fish and Wildlife Resources
Commission;
(5) "Commissioner" means the commissioner of the Department of Fish and
Wildlife Resources;
(6) "Daylight hours" means the period from one-half (1/2) hour before sunrise to
one-half (1/2) hour after sunset;
(7) "Device" means any article, instrument, or equipment of whatever nature or
kind which may be used to take wild animals, wild birds, or fishes;
(8) "Department" means the Department of Fish and Wildlife Resources;
(9) "Fishing" means to take or attempt to take in any manner, whether the
fisherman has fish in possession or not;
(10) "Gigging" means the taking of fish by spearing or impaling on any pronged or
barbed instrument attached to the end of any rigid object;
(11) "Grabbing" means the taking of fish, frogs, or turtles directly by hand or with
the aid of a handled hook;
(12) "Hunting" means to take or attempt to take in any manner, whether the hunter
has game in possession or not;
(13) "Identification tag" means a marker made of specified material upon which a
name and address or number is placed and attached to unattended gear to
designate ownership or responsible operator;
(14) "Impounded waters" means any public waters backed up behind a dam and
includes all water upstream from the dam to the first riffle or shoal;
(15) "Jugging" means a means of fishing by which a single baited line is attached to
any floating object;
(16) "License" means any document issued by the department authorizing its holder
to perform acts authorized by the license and includes any other form of
authorization in addition to or in lieu of an actual document which may be
authorized by the department by administrative regulation;
(17) "Migratory shore or upland game birds" means all species of migratory game
birds except waterfowl;
(18) "Minnows" means all fish under six (6) inches in length, except basses, either
largemouth, smallmouth or Kentucky; rock bass or goggle-eye; trout; crappie;
walleye; sauger; pike; members of the striped bass family; and muskellunge;
(19) "Navigable waters" means any waters within this state under lock and dam;
(20) "Nonresident" means a person who has not established a permanent domicile
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in this state and has not resided in this state for thirty (30) days immediately
prior to his application for a license;
"Permit" means any document issued by the department authorizing its holder
to perform acts authorized by the permit and includes tags which shall be
affixed to wildlife or devices as evidence of holding a permit and includes any
other form of authorization in addition to or in lieu of an actual document
authorized by the department by administrative regulation;
"Possess" means the act of having or taking into control;
"Prescribed by the department" means established by an administrative
regulation;
"Processed wildlife" means any wildlife specimen or parts thereof that have
been rendered into a permanently preserved state;
"Protected wildlife" means all wildlife except those species declared
unprotected by administrative regulations promulgated by the department;
"Public roadway" includes rural roads, highways, bridges, bridge approaches,
city streets, viaducts, and bridges which are normally traveled by the general
public and are under the jurisdiction of a state, federal, county, or municipal
agency;
"Public waters" means all waters within the state flowing in a natural stream
channel or impounded on a natural stream;
"Raw fur" means a hide, fur, or pelt of a fur-bearing animal which has not been
processed. Skinning, stretching, oiling, or coloring of the pelt of the animal shall
not be considered processing;
"Administrative regulation" means a written regulation promulgated, pursuant
to KRS Chapter 13A, by the commissioner with the approval of the
commission;
"Resident" means any person who has established permanent domicile and
legal residence and has resided in this state for thirty (30) days immediately
prior to his application for a license. All other persons shall be classed as
nonresidents, except students enrolled for at least six (6) months in an
educational institution as full-time students and military personnel of the United
States who are under permanent assignment, shall be classified as residents
while so enrolled or assigned in this state;
"Resist" means to point a gun at, leave the scene, intimidate or attempt to
intimidate in any manner, or further interfere in any manner with any officer in
the discharge of his duties;
"Rough fish" means all species of fishes other than those species designated
by administrative regulation as sport fishes;
"Sell" includes offering to sell, having or possessing for sale, barter, exchange,
or trade;
"Setline" means a line to which is attached one (1) single or multibarbed hook.
This line may be attached to a tree limb, tree trunk, bank pole, or other
stationary object, on the bank of a stream or impoundment;
"Snagging" means the taking of fish or other aquatic animals through the use
of a hand-held pole and attached line with single or multiple fish hooks in which
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the fish is hooked by a rapid drawing motion rather than enticement by bait;
"Sports fishing trotline" means a line to which are attached no more than fifty
(50) single or multibarbed baited hooks which shall not be placed closer
together than eighteen (18) inches;
"Take" includes pursue, shoot, hunt, wound, catch, kill, trap, snare, or capture
wildlife in any way and any lesser act designed to lure, attract, or entice for
these purposes; and to place, set, aim, or use any device, animal, substance,
or agency which may reasonably be expected to accomplish these acts; or to
attempt to do these acts or to assist any other person in the doing of or the
attempt to do these acts;
"Tenant" means any resident sharecropper, lessee, or any other person
actually engaged in work upon a farm or lands and residing in a dwelling on the
farms or lands including noncontiguous lands, but shall not include any other
employee or tenant unless actually residing on the property and engaged or
employed as above mentioned;
"Transport" means to carry, move, or ship wildlife from one place to another;
"Waterfowl" means all species of wild ducks, geese, swans, mergansers, and
coots; and
"Wildlife" means any normally undomesticated animal, alive or dead, including
without limitations any wild mammal, bird, fish, reptile, amphibian, or other
terrestrial or aquatic life, whether or not possessed in controlled environment,
bred, hatched, or born in captivity and including any part, product, egg, or
offspring thereof, protected or unprotected by this chapter.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 512, sec. 1, effective July 15, 1998. -Amended 1996 Ky. Acts ch. 268, sec. 1, effective July 15, 1996. -- Amended
1994 Ky. Acts ch. 239, sec. 3, effective July 15, 1994. -- Amended 1990 Ky.
Acts ch. 474, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 365,
sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 265, sec. 1,
effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 178, sec. 1, effective
June 17, 1978. -- Amended 1972 Ky. Acts ch. 273, sec. 1. -- Amended 1968 Ky.
Acts ch. 38, sec. 1. -- Amended 1956 Ky. Acts ch. 115, sec. 1. -- Amended 1952
Ky. Acts ch. 200, sec. 1. -- Amended 1948 Ky. Acts ch. 78, sec. 2. -- Amended
1946 Ky. Acts ch. 84, sec. 1. -- Amended 1944 Ky. Acts ch. 6, sec. 2; and
ch. 124, sec. 1. -- Amended 1942 Ky. Acts ch. 68, sec. 1. -- Recodified 1942 Ky.
Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1893d-10,
1954-2.
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