Title 301 | Chapter 001 | Regulation 132REG
PROPOSED
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PREVIOUS VERSION
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TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 1:132.Sale of live bait.
Section 1.
(1)
(a)
(b)
(c)
(d)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(3)
(a)
(b)
Section 2.
Legal Sources of Live Bait.(1)
Live bait may be sold by a person possessing a valid:(a)
Live bait and fish(b)
Commercial fishing license, if the live bait is taken pursuant to the requirements of this section.(2)
Live commercially harvested shad, herring, mooneye, goldeye, or invasive(3)
Legal sources of live bait shall include:(a)
Live bait hatched and reared in Kentucky by a person possessing a valid commercial fish propagation permit;(b)
Legal commercial live bait sources in states outside of Kentucky;(c)
A person selling Asiatic clams obtained by means of a tagged commercial bait rake pursuant to Section 2(d)
A person with a valid commercial fishing license who is selling live bait, except live shad, live herring, live goldeye, and live mooneye, if taken pursuant to Section 2(4)
A licensed live bait and fish(a)
Date of purchase; and(b)
Number of each type of live bait purchased.Section 2.Section 3.
Legal Methods of Take.(1)
A person shall not take live bait from any public waterway or water body for commercial purposes, except as established in this section.(2)
A person who holds a valid commercial fishing license may sell:(a)
Live bait, except live shad, live herring, live goldeye, and live mooneye, that was taken with legally set commercial fishing gear;(b)
Dead shad and dead herring, if taken with a dip net with a maximum diameter of three (3) feet or a cast net with a maximum diameter of twenty (20) feet and possessing a maximum bar mesh of one (1) inch in the following bodies of water:1.
Cumberland River below Barkley Dam;2.
Kentucky River downstream of Lock Number Fourteen (14);3.
Mississippi River;4.
Ohio River; or5.
Tennessee River; or(c)
Asiatic clams taken in legal commercial fishing waters pursuant to 301 KAR 1:150 with a tagged commercial live bait rake having the following specifications:1.
A maximum width of twenty (20) inches;2.
A maximum tine length of five (5) inches;3.
A maximum distance in between tines of one (1) inch;4.
A basket with a maximum:a.
Width of twenty (20) inches;b.
Length of ten (10) inches; andc.
Height of eight (8) inches;5.
A rigid handle with a maximum length of twenty (20) feet; and6.
The rake does not contain a bridle that would allow dragging.(3)
Any mussel other than an Asiatic clam shall be returned to the water unharmed.Section 3.Section 4.
Other Requirements.(1)
A person, corporation, or other business entity transporting, selling, or possessing live bait for sale in Kentucky shall hold a valid live bait and fish(2)
A live bait and fish(3)
A person, corporation, or other business entity who transports live bait from one (1) state, through Kentucky, to another state without conducting any business in Kentucky shall not be required to have a live bait and fish(4)
A person, corporation, or other business entity is not required to possess a live bait and fishSection 4.
License Application Procedures. If an individual, corporation, or other business entity is required to hold a valid live bait and fish dealer's license as established in Section 3 of this administrative regulation, they shall submit a completed Live Bait and Fish Dealer's License 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.Section 5.
Incorporation by Reference.(1)
"Live Bait and Fish Dealer's License 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/Live-Bait-Fish-Dealer-License-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 9:30 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 conditions and provisions under which live bait may be taken, transported, and sold.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to protect the state’s aquatic resources.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025(1) 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. 50 C.F.R. 17.11 establishes federally threatened or endangered fish species.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in protecting the state’s aquatic resources by establishing the conditions and provisions under which live bait may be taken, transported, and sold.
(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. In addition, this amendment adds a Live Bait and Fish Dealers Application to the Incorporation by Reference section and removes the Definitions section from the regulation. Finally, this amendment corrects an error in the current regulation where the "live bait and fish dealers license" is called a "live fish and bait dealers license" and replaces the term "Asian carp" with "invasive carp" to match all other Chapter 1 regulations.
(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. This amendment also adds a license application that was initially left out of the Incorporation by Reference section. Finally, the Definitions section is being removed due to creation of a new definitions regulation (301 KAR 1:001) for Chapter 1 and two different errors involving wording are corrected throughout the 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 license.
(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 license.
(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 license.
(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 license.
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(1) 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. 50 C.F.R. 17.11 establishes federally threatened or 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 increase any fees or otherwise create a financial burden to state or local government agencies or to regulated entities.
(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 1:132.Sale of live bait.
Section 1.
Legal Sources of Live Bait.(1)
Live bait may be sold by a person possessing a valid:(a)
Live bait and fish dealer's license if the person purchases the live bait from a legal source as established in this section; or(b)
Commercial fishing license, if the live bait is taken pursuant to the requirements of this section.(2)
Live commercially harvested shad, herring, mooneye, goldeye, or invasive carp shall not be transported or sold.(3)
Legal sources of live bait shall include:(a)
Live bait hatched and reared in Kentucky by a person possessing a valid commercial fish propagation permit;(b)
Legal commercial live bait sources in states outside of Kentucky;(c)
A person selling Asiatic clams obtained by means of a tagged commercial bait rake pursuant to Section 2 of this administrative regulation, if the person possesses a valid commercial fishing license; or(d)
A person with a valid commercial fishing license who is selling live bait, except live shad, live herring, live goldeye, and live mooneye, if taken pursuant to Section 2 of this administrative regulation.(4)
A licensed live bait and fish dealer who purchases live bait from legal sources outside of Kentucky shall possess a bill of sale that lists the:(a)
Date of purchase; and(b)
Number of each type of live bait purchased.Section 2.
Legal Methods of Take.(1)
A person shall not take live bait from any public waterway or water body for commercial purposes, except as established in this section.(2)
A person who holds a valid commercial fishing license may sell:(a)
Live bait, except live shad, live herring, live goldeye, and live mooneye, that was taken with legally set commercial fishing gear;(b)
Dead shad and dead herring, if taken with a dip net with a maximum diameter of three (3) feet or a cast net with a maximum diameter of twenty (20) feet and possessing a maximum bar mesh of one (1) inch in the following bodies of water:1.
Cumberland River below Barkley Dam;2.
Kentucky River downstream of Lock Number Fourteen (14);3.
Mississippi River;4.
Ohio River; or5.
Tennessee River; or(c)
Asiatic clams taken in legal commercial fishing waters pursuant to 301 KAR 1:150 with a tagged commercial live bait rake having the following specifications:1.
A maximum width of twenty (20) inches;2.
A maximum tine length of five (5) inches;3.
A maximum distance in between tines of one (1) inch;4.
A basket with a maximum:a.
Width of twenty (20) inches;b.
Length of ten (10) inches; andc.
Height of eight (8) inches;5.
A rigid handle with a maximum length of twenty (20) feet; and6.
The rake does not contain a bridle that would allow dragging.(3)
Any mussel other than an Asiatic clam shall be returned to the water unharmed.Section 3.
Other Requirements.(1)
A person, corporation, or other business entity transporting, selling, or possessing live bait for sale in Kentucky shall hold a valid live bait and fish dealer's license and have in possession the license or exact copy thereof when transporting, selling, or holding live bait organisms in Kentucky.(2)
A live bait and fish dealer's license shall not be used in lieu of a fish propagation or transportation permit if these permits are also legally required.(3)
A person, corporation, or other business entity who transports live bait from one (1) state, through Kentucky, to another state without conducting any business in Kentucky shall not be required to have a live bait and fish dealer's license, but shall have a valid Kentucky transportation permit.(4)
A person, corporation, or other business entity is not required to possess a live bait and fish dealer's license if selling live bait as food in establishments licensed by another state agency to sell resale or wholesale food products.Section 4.
License Application Procedures. If an individual, corporation, or other business entity is required to hold a valid live bait and fish dealer's license as established in Section 3 of this administrative regulation, they shall submit a completed Live Bait and Fish Dealer's License 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.Section 5.
Incorporation by Reference.(1)
"Live Bait and Fish Dealer's License 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/Live-Bait-Fish-Dealer-License-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 9:30 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 conditions and provisions under which live bait may be taken, transported, and sold.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to protect the state’s aquatic resources.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025(1) 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. 50 C.F.R. 17.11 establishes federally threatened or endangered fish species.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in protecting the state’s aquatic resources by establishing the conditions and provisions under which live bait may be taken, transported, and sold.
(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. In addition, this amendment adds a Live Bait and Fish Dealers Application to the Incorporation by Reference section and removes the Definitions section from the regulation. Finally, this amendment corrects an error in the current regulation where the "live bait and fish dealers license" is called a "live fish and bait dealers license" and replaces the term "Asian carp" with "invasive carp" to match all other Chapter 1 regulations.
(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. This amendment also adds a license application that was initially left out of the Incorporation by Reference section. Finally, the Definitions section is being removed due to creation of a new definitions regulation (301 KAR 1:001) for Chapter 1 and two different errors involving wording are corrected throughout the 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 license.
(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 license.
(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 license.
(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 license.
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(1) 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. 50 C.F.R. 17.11 establishes federally threatened or 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 increase any fees or otherwise create a financial burden to state or local government agencies or to regulated entities.
(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.