§ 29-6-302. The taking of game fish - Bag limits - Penalty.

A.  No person may take, kill or catch from any river, creek, lake, state pond or privately owned pond which is stocked by state or federal fish hatchery any game fish except by means of hook and line attached to a pole or rod, throwline, trotline or with speargun used by divers equipped with self-contained underwater breathing apparatus, except for white bass which may be taken by the use of a gig and blue and channel catfish which may be taken by noodling; nor may any person sell, offer to sell or have in possession for the purpose of selling any game fish.  Game species open to taking by speargun include all except black bass, crappie, striped bass, walleye, northern pike and trout.  Upon receiving information that damage to the fish population is occurring in any of the waters of this state, the Wildlife Conservation Commission shall give notice and hold a hearing to determine such fact and may, upon good cause shown, regulate the taking of fish to any extent necessary to protect fish in said waters of this state.

B.  Fish taken under subsection A of this section shall be in accordance with the method of taking, length limits and bag limits which shall be set by Commission resolution.  Except in certain areas specifically designated as less in rules promulgated by the Wildlife Conservation Commission, the Commission shall not promulgate any rule restricting a person from using less than seven rods while fishing.

C.  No nonresident may have upon leaving the state more than a two-day bag limit of any species of game fish.

D.  It shall be unlawful for any person to use in the waters of this state a speargun having more than three points with more than two barbs on each point.

E.  1.  The portions of the Illinois River and its tributaries above the Horseshoe Bend Boat Ramp on Tenkiller Reservoir shall be open for the taking of nongame fish and white bass by gigging from December 1 through March 1 of each year.  The portions of the Illinois River and its tributaries above Highway 62 and Highway 51 shall be open for the taking of nongame fish and white bass by gigging from December 1 through March 31 of each year.

2.  Nothing shall prohibit motorized boats from being used in the upper Illinois River above the Horseshoe Bend boat ramp except that jet skis, jet boats and similar non-propeller-driven watercraft shall be prohibited in the Illinois River above the confluence with Barren Fork Creek.

F.  1.  Except as otherwise provided for in this subsection, any person convicted of violating any of the provisions of this section shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

2.  Any person convicted of violating any provisions of this section by netting, snaglining or selling game fish shall be punished by imposition of a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment.  Any person, upon conviction of a second or subsequent violation of the provisions of this section by netting, snaglining or selling game fish when said violation occurred within two (2) years of a previous conviction for violating said provisions, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment.  In addition, all fishing licenses and fishing privileges within the state of such person shall be revoked for a period of one (1) year from the date of such conviction.

Added by Laws 1974, c. 17, § 6-302, emerg. eff. April 8, 1974.  Amended by Laws 1986, c. 57, § 3, eff. Nov. 1, 1986; Laws 1992, c. 402, § 2, eff. Dec. 1, 1992; Laws 1993, c. 214, § 8, eff. Sept. 1, 1993; Laws 1999, c. 124, § 1, emerg. eff. April 26, 1999; Laws 2000, c. 237, § 2, emerg. eff. May 24, 2000; Laws 2013, c. 36, § 1, eff. Nov. 1, 2013.