Title 301 | Chapter 001 | Regulation 115REG
PROPOSED
This document is not yet current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 1:115.Propagation of aquatic organisms.
Section 1.
Permit Requirements and Application Procedures.(1)
Before acquiring or propagating aquatic organisms, an individual, corporation, or other business entity shall obtain a permit from the department by:(a)
Submitting a completed(b)
Paying the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and(2)
The department shall issue a free permit to elementary, middle, and secondary schools and similar educational institutions if the propagated organisms are to be used for educational purposes.Section 2.
Acquisition of Brood Stock from Public Waters.(1)
A permit holder may obtain from public waters a maximum of 1,500 live bait fishes or crayfish per surface acre of water used for propagation of a particular species.(2)
Each permit holder shall obtain brood stock from public waters no more than one (1) time for both live bait fishes and crayfish.(3)
A game warden(4)
A permit holder shall use gear as established in 301 KAR 1:130 to acquire aquatic organisms from public waters.(5)
A permit holder may sell propagated aquatic organisms.Section 3.
An individual, corporation, or other business entity may request to stock and rear(1)
A municipality may allow a permitted second party to rear paddlefish in a water supply lake.(2)
If a municipality or other public water supply entity allows a second party to rear paddlefish, a contractual agreement between the two (2) granting permission to use the lake for rearing paddlefish shall be required for the extent of the rearing period. A copy of the contractual agreement shall be submitted to the department before a permit is issued.(3)
Water supply lakes that are currently open to sport fishing shall be required to remain open to sport fishing throughout the length of the rearing of paddlefish.(4)
Paddlefish shall be the only species permitted to be stocked by the permit holder in a water supply lake.(5)
The number of paddlefish stocking events for each rearing period shall be limited to one (1) for each approved water supply lake. Any additional stocking events shall require prior written approval from the Fisheries Division. A permit holder may request approval from the Fisheries Division(6)
The permit applicant shall list the name of each water supply lake on the Fisheries Commercial Propagation Permit Application(7)
A permit shall be obtained for every year of the paddlefish rearing period.(8)
The department shall not enforce(9)
Paddlefish that escape in the stream, either above or below the lake, shall not be considered property of the permit holder.(10)
The department shall not be responsible for any corrective actions associated with fish populations in the water supply lakes used for aquaculture purposes.(11)
If a municipality rears paddlefish without a contractual agreement with a second party, it shall provide the department with a name of a person responsible for the rearing of the paddlefish in the water supply lake.(12)
A permit holder may use gill nets to take paddlefish only from the water supply lakes listed on the permit. A permit holder or a designated representative in possession of a valid copy of the permit shall be on site each time gill nets are used in the water supply lakes.(a)
The department shall be notified at least three (3) days in advance of any paddlefish harvest from a water supply lake, including the random sampling of the stocked paddlefish that require the use of gill nets.(b)
Gill nets shall only be used in a water supply lake from November 1 through March 31.(c)
Gill nets shall not have a bar mesh size smaller than five (5) inches.(d)
A permit holder shall attach a metal tag provided by the department to each gill net used.(e)
Paddlefish shall be the only species of fish harvested, and any other species of fish captured shall be immediately released without undue injury.Section 4.
Inspection of Facilities and Revocation or Denial of Permits.(1)
A permit holder shall allow a game warden(2)
The department shall:(a)
Revoke the permit of an individual, corporation, or other business entity who violates KRS Chapter 150 or 301 KAR Chapter 1 pertaining to propagation of aquatic organisms;(b)
Deny a permit:1.
For an individual, corporation, or other business entity who has violated KRS Chapter 150 or 301 KAR Chapter 1 within the last year; or2.
For propagation of aquatic organisms that are determined to be potentially damaging to Kentucky's native ecosystems; and(c)
Not renew the permit for a period of up to two (2) years of an individual, corporation, or other business entity that has been found guilty of violating KRS Chapter 150 or 301 KAR Chapter 1 pertaining to propagation of aquatic organisms.(3)
Fees paid for revoked permits shall not be refunded.(4)
An individual, corporation, or other business entity whose permit has been denied, revoked, or to whom a non-renewal period has been applied may request an administrative hearing pursuant to KRS Chapter 13B.(5)
A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or revocation.(6)
Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.(7)
The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order pursuant to KRS Chapter 13B.Section 5.
Incorporation by Reference.(1)
"Fisheries Commercial Propagation Permit Application", 2025 Edition(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Fisheries, Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or onlineApproved by the Fish and Wildlife Commission
RICH STORM, Commissioner
APPROVED BY AGENCY: June 26, 2025
FILED WITH LRC: June 26, 2025 at 3:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 30, 2025, at 8:30 a.m., at KDFWR Administration Building, 1 Sportsman’s Lane, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through September 30, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jenny Gilbert, Legislative Liaison, Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, phone (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jenny Gilbert
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the requirements for obtaining a permit to propagate aquatic organisms and the associated requirements for all permit holders.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish minimum standards for fisheries propagation permit holders and to help conserve native aquatic resources.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025 authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling, and transporting of fish and wildlife; the restriction of places where taking is permitted; and the application of administrative regulations to a limited area or to the entire state. KRS 150.180(2) authorizes the department to promulgate administrative regulations regarding the buying, selling, and transporting of mussels and fishes by licensed fish propagation permit holders. KRS 150.280 requires the department to promulgate administrative regulations governing the propagation or holding of protected wildlife. KRS 150.450 requires the department to promulgate reasonable administrative regulations governing the taking of minnows and crayfish from the waters of the Commonwealth. 50 C.F.R. 17.11 establishes federally threatened and endangered fish species.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will carry out the purposes of the statutes by providing individuals, corporations, or other business entities the ability to propagate and hold native aquatic species.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment removes any reference to fees and replaces them with a reference to the fee regulation, 301 KAR 5:022, and similarly updates any applicable material incorporated by reference.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to allow future fee changes to be promulgated in 301 KAR 5:022 without the need for promulgating matching amendments to this regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 150.025(1) grants authority for the department to promulgate regulations necessary to carry out the purposes of KRS Chapter 150. KRS 150.175 sets out licenses and tags to be sold by the department. KRS 150.195 requires the department to establish administrative regulations to provide for the control, design, issuance, distribution, and other matters related to licenses and permits issued by the department.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will consolidate any associated fees into a single fee regulation, 301 KAR 5:022.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All individuals who wish to obtain the associated permit.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No action will be required to comply with the amendments, however, the individuals would need to look to 301 KAR 5:022 for the regulation which establishes the cost of the associated permit.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no cost to comply with the amendments to this regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with these amendments will allow individuals to obtain the associated permit.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to implement these regulatory amendments initially.
(b) On a continuing basis:
There will be no continuing costs to implement these amendments.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Fish and Game Fund
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There will be no increase in fees or funding necessary to implement these changes.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees or directly or indirectly increase any fees. Any associated fees are addressed in 301 KAR 5:022.
(9) TIERING: Is tiering applied?
Tiering is not applied as all individuals will need to look to 301 KAR 5:022 for the regulation which establishes the cost of the associated permit.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 150.025 authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling, and transporting of fish and wildlife; the restriction of places where taking is permitted; and the application of administrative regulations to a limited area or to the entire state. KRS 150.180(2) authorizes the department to promulgate administrative regulations regarding the buying, selling, and transporting of mussels and fishes by licensed fish propagation permit holders. KRS 150.280 requires the department to promulgate administrative regulations governing the propagation or holding of protected wildlife. KRS 150.450 requires the department to promulgate reasonable administrative regulations governing the taking of minnows and crayfish from the waters of the Commonwealth. 50 C.F.R. 17.11 establishes federally threatened and endangered fish species.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This amendment is not expressly authorized by an act of the General Assembly but is promulgated pursuant to KRS 150.025 and 150.195.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Kentucky Department of Fish and Wildlife Resources. No other state agencies are affected.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
These amendments will not result in any additional expenditures for the department.
For subsequent years:
These amendments will not result in any additional expenditures for the department.
2. Revenues:
For the first year:
These amendments will not result in any change in revenues for the department.
For subsequent years:
These amendments will not result in any change in revenues for the department.
3. Cost Savings:
For the first year:
These amendments will not result in any cost savings for the department.
For subsequent years:
These amendments will not result in any cost savings for the department.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities should be affected by these amendments.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
NA
For subsequent years:
NA
2. Revenues:
For the first year:
NA
For subsequent years:
NA
3. Cost Savings:
For the first year:
NA
For subsequent years:
NA
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
No other entities should be affected by these amendments.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
NA
For subsequent years:
NA
2. Revenues:
For the first year:
NA
For subsequent years:
NA
3. Cost Savings:
For the first year:
NA
For subsequent years:
NA
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
This amendment will not have any significant fiscal impact.
(b) Methodology and resources used to reach this conclusion:
This amendment does not modify any fees or require affected entities to expend funds to comply with the amendments beyond those incidental to normal operations.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(13):
This amendment will not have a major economic impact.
(b) The methodology and resources used to reach this conclusion:
This amendment does not increase any fees or otherwise create a financial burden to state or local government agencies or to regulated entities.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 1:115.Propagation of aquatic organisms.
Section 1.
Permit Requirements and Application Procedures.(1)
Before acquiring or propagating aquatic organisms, an individual, corporation, or other business entity shall obtain a permit from the department by:(a)
Submitting a completed Fisheries Commercial Propagation Permit Application provided by the department; and(b)
Paying the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.(2)
The department shall issue a free permit to elementary, middle, and secondary schools and similar educational institutions if the propagated organisms are to be used for educational purposes.Section 2.
Acquisition of Brood Stock from Public Waters.(1)
A permit holder may obtain from public waters a maximum of 1,500 live bait fishes or crayfish per surface acre of water used for propagation of a particular species.(2)
Each permit holder shall obtain brood stock from public waters no more than one (1) time for both live bait fishes and crayfish.(3)
A game warden shall supervise the acquisition of brood stock from public waters.(4)
A permit holder shall use gear as established in 301 KAR 1:130 to acquire aquatic organisms from public waters.(5)
A permit holder may sell propagated aquatic organisms.Section 3.
An individual, corporation, or other business entity may request to stock and rear paddlefish in a water supply lake for aquaculture purposes as established in 301 KAR 1:110 by submitting a completed Fisheries Commercial Propagation Permit Application to the department, along with the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022 .(1)
A municipality may allow a permitted second party to rear paddlefish in a water supply lake.(2)
If a municipality or other public water supply entity allows a second party to rear paddlefish, a contractual agreement between the two (2) granting permission to use the lake for rearing paddlefish shall be required for the extent of the rearing period. A copy of the contractual agreement shall be submitted to the department before a permit is issued.(3)
Water supply lakes that are currently open to sport fishing shall be required to remain open to sport fishing throughout the length of the rearing of paddlefish.(4)
Paddlefish shall be the only species permitted to be stocked by the permit holder in a water supply lake.(5)
The number of paddlefish stocking events for each rearing period shall be limited to one (1) for each approved water supply lake. Any additional stocking events shall require prior written approval from the Fisheries Division. A permit holder may request approval from the Fisheries Division by submitting a written request. Approval shall be granted for any single mortality event where ten (10) percent or more of fish from the initial stocking, calculated as fish per acre, are observed dead.(6)
The permit applicant shall list the name of each water supply lake on the Fisheries Commercial Propagation Permit Application .(7)
A permit shall be obtained for every year of the paddlefish rearing period.(8)
The department shall not enforce the protection of the stocked paddlefish.(9)
Paddlefish that escape in the stream, either above or below the lake, shall not be considered property of the permit holder.(10)
The department shall not be responsible for any corrective actions associated with fish populations in the water supply lakes used for aquaculture purposes.(11)
If a municipality rears paddlefish without a contractual agreement with a second party, it shall provide the department with a name of a person responsible for the rearing of the paddlefish in the water supply lake.(12)
A permit holder may use gill nets to take paddlefish only from the water supply lakes listed on the permit. A permit holder or a designated representative in possession of a valid copy of the permit shall be on site each time gill nets are used in the water supply lakes.(a)
The department shall be notified at least three (3) days in advance of any paddlefish harvest from a water supply lake, including the random sampling of the stocked paddlefish that require the use of gill nets.(b)
Gill nets shall only be used in a water supply lake from November 1 through March 31.(c)
Gill nets shall not have a bar mesh size smaller than five (5) inches.(d)
A permit holder shall attach a metal tag provided by the department to each gill net used.(e)
Paddlefish shall be the only species of fish harvested, and any other species of fish captured shall be immediately released without undue injury.Section 4.
Inspection of Facilities and Revocation or Denial of Permits.(1)
A permit holder shall allow a game warden to inspect his or her facilities.(2)
The department shall:(a)
Revoke the permit of an individual, corporation, or other business entity who violates KRS Chapter 150 or 301 KAR Chapter 1 pertaining to propagation of aquatic organisms;(b)
Deny a permit:1.
For an individual, corporation, or other business entity who has violated KRS Chapter 150 or 301 KAR Chapter 1 within the last year; or2.
For propagation of aquatic organisms that are determined to be potentially damaging to Kentucky's native ecosystems; and(c)
Not renew the permit for a period of up to two (2) years of an individual, corporation, or other business entity that has been found guilty of violating KRS Chapter 150 or 301 KAR Chapter 1 pertaining to propagation of aquatic organisms.(3)
Fees paid for revoked permits shall not be refunded.(4)
An individual, corporation, or other business entity whose permit has been denied, revoked, or to whom a non-renewal period has been applied may request an administrative hearing pursuant to KRS Chapter 13B.(5)
A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or revocation.(6)
Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.(7)
The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order pursuant to KRS Chapter 13B.Section 5.
Incorporation by Reference.(1)
"Fisheries Commercial Propagation Permit Application", 2025 Edition, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Fisheries, Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or online at https://fw.ky.gov/Licenses/Documents/Fisheries-Comm-Propagation-Permit-App.pdf.Approved by the Fish and Wildlife Commission
RICH STORM, Commissioner
APPROVED BY AGENCY: June 26, 2025
FILED WITH LRC: June 26, 2025 at 3:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 30, 2025, at 8:30 a.m., at KDFWR Administration Building, 1 Sportsman’s Lane, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through September 30, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jenny Gilbert, Legislative Liaison, Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, phone (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jenny Gilbert
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the requirements for obtaining a permit to propagate aquatic organisms and the associated requirements for all permit holders.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish minimum standards for fisheries propagation permit holders and to help conserve native aquatic resources.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025 authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling, and transporting of fish and wildlife; the restriction of places where taking is permitted; and the application of administrative regulations to a limited area or to the entire state. KRS 150.180(2) authorizes the department to promulgate administrative regulations regarding the buying, selling, and transporting of mussels and fishes by licensed fish propagation permit holders. KRS 150.280 requires the department to promulgate administrative regulations governing the propagation or holding of protected wildlife. KRS 150.450 requires the department to promulgate reasonable administrative regulations governing the taking of minnows and crayfish from the waters of the Commonwealth. 50 C.F.R. 17.11 establishes federally threatened and endangered fish species.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will carry out the purposes of the statutes by providing individuals, corporations, or other business entities the ability to propagate and hold native aquatic species.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment removes any reference to fees and replaces them with a reference to the fee regulation, 301 KAR 5:022, and similarly updates any applicable material incorporated by reference.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to allow future fee changes to be promulgated in 301 KAR 5:022 without the need for promulgating matching amendments to this regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 150.025(1) grants authority for the department to promulgate regulations necessary to carry out the purposes of KRS Chapter 150. KRS 150.175 sets out licenses and tags to be sold by the department. KRS 150.195 requires the department to establish administrative regulations to provide for the control, design, issuance, distribution, and other matters related to licenses and permits issued by the department.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will consolidate any associated fees into a single fee regulation, 301 KAR 5:022.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All individuals who wish to obtain the associated permit.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No action will be required to comply with the amendments, however, the individuals would need to look to 301 KAR 5:022 for the regulation which establishes the cost of the associated permit.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no cost to comply with the amendments to this regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with these amendments will allow individuals to obtain the associated permit.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to implement these regulatory amendments initially.
(b) On a continuing basis:
There will be no continuing costs to implement these amendments.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Fish and Game Fund
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There will be no increase in fees or funding necessary to implement these changes.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees or directly or indirectly increase any fees. Any associated fees are addressed in 301 KAR 5:022.
(9) TIERING: Is tiering applied?
Tiering is not applied as all individuals will need to look to 301 KAR 5:022 for the regulation which establishes the cost of the associated permit.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 150.025 authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling, and transporting of fish and wildlife; the restriction of places where taking is permitted; and the application of administrative regulations to a limited area or to the entire state. KRS 150.180(2) authorizes the department to promulgate administrative regulations regarding the buying, selling, and transporting of mussels and fishes by licensed fish propagation permit holders. KRS 150.280 requires the department to promulgate administrative regulations governing the propagation or holding of protected wildlife. KRS 150.450 requires the department to promulgate reasonable administrative regulations governing the taking of minnows and crayfish from the waters of the Commonwealth. 50 C.F.R. 17.11 establishes federally threatened and endangered fish species.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This amendment is not expressly authorized by an act of the General Assembly but is promulgated pursuant to KRS 150.025 and 150.195.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Kentucky Department of Fish and Wildlife Resources. No other state agencies are affected.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
These amendments will not result in any additional expenditures for the department.
For subsequent years:
These amendments will not result in any additional expenditures for the department.
2. Revenues:
For the first year:
These amendments will not result in any change in revenues for the department.
For subsequent years:
These amendments will not result in any change in revenues for the department.
3. Cost Savings:
For the first year:
These amendments will not result in any cost savings for the department.
For subsequent years:
These amendments will not result in any cost savings for the department.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities should be affected by these amendments.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
NA
For subsequent years:
NA
2. Revenues:
For the first year:
NA
For subsequent years:
NA
3. Cost Savings:
For the first year:
NA
For subsequent years:
NA
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
No other entities should be affected by these amendments.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
NA
For subsequent years:
NA
2. Revenues:
For the first year:
NA
For subsequent years:
NA
3. Cost Savings:
For the first year:
NA
For subsequent years:
NA
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
This amendment will not have any significant fiscal impact.
(b) Methodology and resources used to reach this conclusion:
This amendment does not modify any fees or require affected entities to expend funds to comply with the amendments beyond those incidental to normal operations.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(13):
This amendment will not have a major economic impact.
(b) The methodology and resources used to reach this conclusion:
This amendment does not increase any fees or otherwise create a financial burden to state or local government agencies or to regulated entities.