Pond Boss Forums INTRO Questions & Observations Kansas pond owners & new bait law.

If any of you or your friends take live bait from your "private" pond/lake and use that bait on public waters, you need to understand what Kansas considers "private". The new bait law has a lot of pond owners and fisherman confused, the fines are steep. Scroll down to the red high lighted section

Wild-caught Bait Regulations Summary Information
February 9, 2012

On December 6, 2011, the KDWPT Commission took regulatory action to protect the natural resources of Kansas from the further spread of aquatic nuisance species (ANS) by addressing the movement of ANS with wild-caught bait. This action coupled with the commercial bait regulation changes passed in October were developed to present a unified approach to curbing the spread of ANS via live aquatic baits. We have received numerous calls requesting clarification of the rules and justification for the action. Justification for the Commission’s action is provided below with a background summary of the issue. Upon detailed review and interpretation of current regulations there were identified areas where clarity can be accomplished with some slight “clean-up” of the regulations. This “clean-up” will be addressed and will require Commission action. The following material is an attempt to address many of the questions you have received, or may receive in the future relating to limitations placed on anglers who fish with live bait.

Background:
Despite our effort to inform and instruct Kansans on the proper techniques to protect our natural resources, we have unfortunately seen harmful ANS spread to several locations across the state and cause economic and ecological damage. To better prevent that spread, the decision was made to pursue regulatory action. This decision was difficult, but necessary to adhere to the Agency’s mission to protect and conserve fish and wildlife and their associated habitats while providing for the wise use of these resources and associated recreational opportunities. The difficulty with this issue was deciding how to wisely protect and conserve our natural resources from ANS while providing recreational opportunity and maintaining the angling traditions many Kansans hold dear.
In 2006 we began to evaluate the risk baitfish movement poses to our aquatic resources. During that review, we discovered that wild fish were moved from numerous locations and sometimes the fish being moved were ANS. In other cases, the moved fish were transported in zebra mussel infested water. Further complicating the issue, we found Asian carp in rural farm ponds and wild fish were routinely moved into farm ponds from ANS waters indicating farm ponds are not immune to ANS exposure.
In 2007, KDWPT staff developed a draft baitfish regulation proposal. Several concerns were identified, but principally, staff were concerned that new regulations would not be accepted by the public and that more stringent regulation would alter a tradition of collecting live fish for bait. A human dimension project was initiated to better understand the public’s values associated with baitfish collection, transport, use, and resource utilization. We found the majority of anglers used live fish as bait and purchased their baitfish from a commercial dealer. When anglers chose to collect baitfish from the wild, a majority of anglers transported baitfish to their fishing destination and were apt to release remaining fish at the end of the fishing trip. Furthermore, many anglers could not correctly identify species commonly caught and used as bait in Kansas. This information provided us a basis to determine the risk of ANS spread from the collection and transport of wild-caught bait and to quantify the number of anglers affected by a restriction on wild-caught bait collection and transport.

Beyond identifying risk, we wanted to determine the acceptability of certain regulatory actions. We
proposed three regulatory options to survey recipients: ban all wild-caught bait, restrict bait to the
water where taken, or do nothing. Respondents indicated a restriction on the use of wild-caught
baitfish to the water where collected was the most acceptable option. When asked their opinion about
the likelihood that collection of baitfish from the wild would cause the accidental movement of ANS,
63% indicated some likelihood of spread. When asked their opinion about the likelihood that draining water from boats and other equipment after use in zebra mussel infested waters would prevent zebra
mussel spread, 70% indicated some likelihood that the prevention of zebra mussel spread could be
attained through the draining of water.
In addition to wild-caught bait, we evaluated the risk associated with the use of commercial bait. When we visited bait shops, we found illegal species and diseased fish being sold. These discoveries were concerning, thus we felt it was time to take action to assure that 'clean' fish were being sold and wild-caught bait fish were as ‘clean’ as practical. Understanding that not everyone would support the changes, taking action to protect Kansas from the harm of aquatic nuisance species and preserving outdoor recreation for the future was the best choice for our Department.

Action:
Considering the risk analysis and angler option survey results, we began the process of crafting new regulations. Draft regulations were developed with input from KDWPT staff (3 interdivisional committees), Kansas anglers, commercial bait dealers, commercial bait distributors, the Kansas Aquaculture Association, and the Kansas Natural Resources Sub-cabinet: VHS task force. There was disagreement amongst the groups how best to develop the regulations, but clearly, it was determined that we needed to address:
 The sale of non-native and diseased bait
 Hitchhikers in commercial bait water
 Movement of ANS with wild-caught aquatic species
 Release of live baits
 Spread of water-born contaminates

Specific rule changes for 2012:
K.A.R. 115-7-3: Use it where you catch it.
Wild-caught bait fish may be used on the body of water where taken. If taken on a flowing stream or river, the wild-caught bait fish shall not be transported upstream across any dam or natural barrier.

K.A.R. 115-7-10: No live fish from ANS waters.
No person may possess any live fish upon departure from any designated ANS water.


K.A.R. 115-8-12: Don’t dump bait.
Wildlife may not be stocked or released on department lands or waters, navigable publicly owned rivers, and federal reservoirs unless authorized.

K.A.R. 115-30-13: Drain water.
The livewells and bilges shall be drained and the drain plugs removed from all vessels being removed from the waters of the state before transport on any public highway of the state.

Summary of intent:
The new regulation changes relate to LIVE baits only and do not replace previously adopted bait (number, species, and collection technique) regulations. A simple way to sum up the changes is to remember a few statements:

Only use live bait in the water where collected. If bait is captured on a lake, you can use it in that lake. If you capture it on a stream, you can use it anywhere downstream from the collection location, on the same stream.
If fishing in a water that contains zebra mussels, Asian carp, or white perch, all fish must be dead prior to leaving.

All water in livewells and bilges must be drained prior to transport by removing the drain plug.
Anglers can still purchase and use bait from a permitted bait dealer statewide. We are inspecting bait shops for compliance of legal species of sale, disease free status, and secure water.
Despite the effort expended by staff to develop regulations that were effective, understandable, consistent, and enforceable, the adopted regulations have been interpreted in a manner that may create confusion. Consider the intent of these rules when discussing particular situations but be careful not to assume the intent is support with interpretation. The principles behind the regulatory changes follow the longstanding CLEAN, DRAIN, DRY recommendations. The goal is to prevent the spread of ANS, while allowing for the safe utilization of our aquatic resources. Generally speaking these rule changes are:
 To allow anglers to use bait in the water where caught.
 To require the draining of untreated water when leaving. ANS spread can be prevented when the water is eliminated prior to transport.
 To disallow the dumping of fish and bait into waters in which they did not originate.
 To prevent ANS transport when departing ANS designated waters.
 To assure bait shops to be ANS and disease free.


Select Scenarios:
Below is a list of specific scenarios to help you determine the legality of a particular fish movement. As you review the scenarios, you may discover areas where the intent of the rule is seemingly compromised by the language/interpretation of the rule. An extensive review of these regulations is anticipated in the coming year to streamline regulatory intent with interpretation.

Can I collect bait at a reservoir/lake and then transport in a car to the other side of the lake to use?
Yes. Caution: If it is ANS designated water (an area with zebra mussels, Asian carp, or white perch), the rules are different. No live fish may be possessed upon departure from the ANS designated water. That means you can use live fish caught at that water but if you leave the property of the person or entity owning land surrounding that water, the fish must be dead first. This allows you to drive from the boat ramp to the fish cleaning station or campsite only to return directly to the lake at a later time, provided you do not leave the property. If you can get from one side of the lake to the other without leaving the property, the transport is legal.

Can I collect bait at a lake and then use it below the dam in the stream or spillway?
No. The rule specifically states, wild-caught bait fish may only be used as live bait only within the pool of the lake or impoundment where taken.

Can I collect bait in the stream/river and use as LIVE bait in the downstream impoundment?
No. Bait collected in the stream/river above a reservoir, cannot be used in the downstream reservoir. This was an oversight in the regulation development and we intend to amend this in 2013.
Where can I use LIVE stream/river caught bait?
Bait fish taken from a flowing stream can be used in any flowing portion of that stream provided an upstream crossing of a dam or natural barrier does not occur.

[color:#FF0000]Can I collect bait from a pond and take it to the lake or stream?
No. Wild-caught bait fish shall only be used on the body of water where taken.
Can I collect bait from a private water fishing impoundment?
Yes. To determine the legality of this movement, consider the impoundment you are using as your bait source. Is it a private water fishing impoundment as defined in K.S.A. 32-701 (o)?Note: Any impoundment with flow or owned by more than one owner does not qualify as a private water fishing impoundment.[/color]K.S.A. 32-701. (o)
(o) "Private water fishing impoundment" means one or more water impoundments:
(1) Constructed by man rather than natural, located wholly within the boundary of the
lands owned or leased by the person operating the private water impoundments; and
(2) entirely isolated from other surface water so that the impoundment does not have
any connection either continuously or at intervals, except during periods of floods, with
streams or other bodies of water so as to permit the fish to move between streams or
other bodies of water and the private water impoundments, except that the private water
impoundments may be connected with a stream or other body of water by a pipe or conduit
if fish will be prevented at all times from moving between streams or other bodies of
water and the private water impoundment by screening the flow or by other means.Can I purchase bait and then transport it to wherever I want?
Yes. New rules have been passed to make assurances that bait sold from a Kansas commercial bait dealer has been inspected for disease and ANS. When purchasing from these dealers, it is recommended that you get a receipt as all sales of bait fish shall be accompanied with a receipt. Remember, if you are fishing at an ANS designated water, the fish must be dead before you leave the property, even your bait fish.

Do I have to drain all water when leaving an area?
Yes. Water must be drained and the drain plug removed from all boat bilges and livewells prior to transport on a public road. You can take water away in a bucket, but make sure it does not contain any illegal wildlife such as zebra mussel larvae (veligers). It is against state and federal law to possess, import, and transport live invasive species (K.A.R. 115-18-10). A good rule of thumb would be to not take water away with you, especially when leaving an ANS designated water. In 2006 we looked at the number of zebra mussel veligers in a typical livewell/bilge system. We found that boats leaving a reservoir that contained zebra mussels could have spread 468-975 veligers per boat by not draining.

The rule says I cannot possess live fish upon departure from any ANS designated water. What is considered dead?
Fish cannot be alive. That means the fish must look and act dead. We recommend that you cut the fish, pack the fish on ice, or haul away in a dry container. A good technique is to freeze tap water in milk jugs and take them with you fishing and use that for keeping your harvested fish fresh when hauling them home.

What do I do with my unused bait?
Do not release the bait into the water. Dispose of the bait on dry ground or in an approved bait receptacle.

While I think this is a good idea on the surface I think the barn door has already been opened and they should have done it much earlier. Gotta love how the government moves so slowly they are reactive vs. proactive.

The price of bait increase (due to the increased expense of health testing) and it will probably reduce the supply to anglers from store bought sources.

Just my opinion and you know what they say about opinions.

I agree Cecil... Way too late, no point in putting the bullet proof vest on after you've been shot.

We have had that crap up here since 06 when VHS hit the fan.

Most people think it has something to do with Varsity High School level stuff

One person would follow it, a hundred, or a thousand would not know the difference.

NY has some pretty rigorous rules regarding bait fish now too.

Bait shops in this state now need a mountain of paperwork to keep and sell bait fish. Evidently it's put many, many of them out of business. We were up in the Adirondack's on some of the Fulton Chain lakes last year and had to drive half an hour to buy bait fish. It ended up being a pet shop! Definitely easier to trap your own if you're on a BOW for more than a day.

I have a friend who has a small tackle and bait shop in a very small town. He struggles to make a profit. Recently he forgot to renew the license needed to sell minnows. Shortly thereafter an agent visited and asked to see his license. Of course he didn't have one and was fined $125.00. Obviously the agent knew he had failed to renew the license and pay the fee. Rather than a notice or a call he got a visit and a fine. Yes he made a mistake in failing to renew the license, but a letter, a warning, etc. would have had the same effect. He would have renewed the license. Now he is not sure he wants to mess with selling minnows. This is the same guy who sells hunting license, fishing license, etc. which greatly helps the state. I think he makes a quarter with every license he sells, and he has to have a dedicated phone line just to sell them. Looks like Wal-Mart may be getting those quarters in the future.

It would certainly have been better all around if he had just received a warning.