Title 301 | Chapter 001 | Regulation 140REG
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 1:140.Special commercial fishing permit for Kentucky Lake and Lake Barkley lakes.
Section 1.
Permit Requirements.(1)
A person shall possess a valid Kentucky commercial fishing license to obtain or retain a permit throughout the special commercial fishing season.(2)
The department shall not issue more than twenty-five (25) permits.(3)
A permit holder shall submit a completed Commercial Fishing Licenses and Permits Application(4)
The ability to purchase a permit shall only be transferred to immediate family members.(5)
New permits shall not be issued until the total number of permits is less than twenty-five (25).(6)
A drawing shall be used to select new permittees if the total number of permits is less than twenty-five (25).(a)
A person applying for a vacant permit shall submit to the department a completed Commercial Fishing Licenses and Permits Application(b)
The maximum number of permits issued to nonresidents shall be seven (7).Section 2.
Permit Requirements.(1)
A person shall possess and carry a valid permit and a valid commercial fishing license:(a)
If using a gill net or trammel net to take rough fish:1.
From November 1 through March 31 at both Kentucky Lake and Lake Barkley2.
In the portions of Kentucky Lake and Lake Barkley(b)
If transporting a gill net or trammel net; and(c)
If selling fish taken with a gill net or trammel net.(2)
A person shall:(a)
Tag a gill net or trammel net as established in KRS 150.175(4);(b)
Not use a gill net or trammel net with a bar mesh size smaller than three and five-tenths (3.5) inches or larger than four and five-tenths (4.5) inches, except:1.
A whip set may have a minimum bar mesh size of three (3) inches; and2.
Beginning on November 15 and running through March 31 at both Kentucky Lake and Lake Barkley(c)
Not fish a stationary set net with the top of the net or float line shallower than three (3) feet below the surface;(d)
Tend each net, except whip sets, at least once every twenty-four (24) hours;(e)
Not leave whip sets unattended;(f)
Affix a decal supplied by the department to each side of the boat or motor used for fishing under this permit so that the decal is clearly visible while fishing with a gill net or a trammel net;(g)
Not dispose of any commercially caught rough fish at public boat launch areas; and(h)
Not harvest paddlefish at both Kentucky Lake and Lake Barkley(3)
A permit holder may be accompanied by two (2) unlicensed helpers, who shall be:(a)
In the same boat with the permit holder if fishing with a gill net or a trammel net; or(b)
Accompanied by the permit holder if transporting or selling fish taken under the permit.(4)
A permit holder shall:(a)
Maintain an accurate record of daily fishing activity; and(b)
Submit a completed Monthly Report of Commercial Fish Harvest in Kentucky to the department by the tenth day of the following month.Section 3.
Paddlefish Harvest Requirements.(1)
A person who possesses a valid permit shall be allowed to harvest paddlefish flesh or roe during the special commercial fishing season without the need to purchase a commercial roe-bearing fish harvester's permit(2)
A person who harvests paddlefish roe during the special commercial fishing season shall follow all commercial roe-bearing fish harvester's permitSection 4.
Permit Suspension, Revocation, and Renewal.(1)
The department shall suspend the permit of a person who fails to complete and submit to the department a Monthly Report of Commercial Fish Harvest in Kentucky or a Daily(a)
The first time during the season a report is not received or, if mailed, not postmarked by the tenth of the following month, the licensee or permittee shall receive by mail a courtesy reminder letter.(b)
The second time during the season a report is not received or, if mailed, not postmarked by the tenth of the following month, the licensee or permittee shall receive a warning letter.(c)
If a third or subsequent time during the season a report is not received or, if mailed, not postmarked by the tenth of the following month, the license or permit shall be suspended until all reports have been received.(2)
The department shall not renew the commercial fishing license or harvester's permit of a person who fails to complete and submit to the department all reports required by this administrative regulation.(3)
The department shall revoke or not renew a person's permit for a period of two (2) years, for the following state violations involving commercial fishing:(a)
Use of illegal commercial fishing gear;(b)
Knowingly placing commercial fishing gear in a restricted area;(c)
Harvesting prohibited species of fish;(d)
Commercially fishing, as established by 301 KAR 1:150, in waters not open to commercial fishing; or(e)
Knowingly falsifying commercial harvest data.(4)
A person whose permit has been revoked or denied shall be eligible to enter the drawing following the revocation period only if a permit is available based on the twenty-five (25) permit restriction established in Section 1 of this administrative regulation.(5)
A person whose permit has been revoked or denied may request an administrative hearing pursuant to KRS Chapter 13B.(6)
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.(7)
Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.(8)
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)
The following material is incorporated by reference:(a)
"Commercial Fishing Licenses and Permits Application", 2025 Edition(b)
"Monthly Report of Commercial Fish Harvest in Kentucky", 2023 Edition; and(c)
"Daily(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the 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:(a)
https://fw.ky.gov/Licenses/Documents/Comm-Fishing-Licenses-Permits-App.pdf for the "Commercial Fishing Licenses and Permits Application";(b)
https://fw.ky.gov/Fish/Documents/CommercialFishData.pdf for the "Monthly Report of Commercial Fish Harvest in Kentucky"; and(c)
https://fw.ky.gov/Fish/Documents/roefishharvestreport[1].pdf for the "Daily Roe-Bearing Fish Harvester's Transaction Report".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 10:00 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 sets forth the conditions and provisions for a special commercial fishery using gill and trammel nets at Kentucky Lake and Lake Barkley.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to specify the waters open to, and other restrictions on the use of, gill and trammel nets at Kentucky Lake and Lake Barkley.
(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 creel limits and methods of take, restriction of places where taking is permitted, and the application of administrative regulations to a limited area or to the entire state. KRS 150.175(3) and (4) authorize the department to promulgate administrative regulations regarding the issuance of commercial fishing licenses, commercial fishing gear, and commercial fishing gear tags.
(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 KRS 150.025 by defining the type and size of gill and trammel nets that can be used, the time period nets can be used, how and where the nets can be set, and what fish can be harvested.
(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 replaces the improper name "Barkley Lake" with the correct name "Lake Barkley" throughout the regulation, including the title.
(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 and to amend the incorrect naming of Lake Barkley 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 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(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 creel limits and methods of take, restriction of places where taking is permitted, and the application of administrative regulations to a limited area or to the entire state. KRS 150.175(3) and (4) authorize the department to promulgate administrative regulations regarding the issuance of commercial fishing licenses, commercial fishing gear, and commercial fishing gear tags.
(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 1:140.Special commercial fishing permit for Kentucky Lake and Lake Barkley.
Section 1.
Permit Requirements.(1)
A person shall possess a valid Kentucky commercial fishing license to obtain or retain a permit throughout the special commercial fishing season.(2)
The department shall not issue more than twenty-five (25) permits.(3)
A permit holder shall submit a completed Commercial Fishing Licenses and Permits 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, postmarked on or before November 1 to retain the permit privilege.(4)
The ability to purchase a permit shall only be transferred to immediate family members.(5)
New permits shall not be issued until the total number of permits is less than twenty-five (25).(6)
A drawing shall be used to select new permittees if the total number of permits is less than twenty-five (25).(a)
A person applying for a vacant permit shall submit to the department a completed Commercial Fishing Licenses and Permits Application postmarked on or before November 1, along with the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.(b)
The maximum number of permits issued to nonresidents shall be seven (7).Section 2.
Permit Requirements.(1)
A person shall possess and carry a valid permit and a valid commercial fishing license:(a)
If using a gill net or trammel net to take rough fish:1.
From November 1 through March 31 at both Kentucky Lake and Lake Barkley; and2.
In the portions of Kentucky Lake and Lake Barkley open to commercial fishing as established in 301 KAR 1:150;(b)
If transporting a gill net or trammel net; and(c)
If selling fish taken with a gill net or trammel net.(2)
A person shall:(a)
Tag a gill net or trammel net as established in KRS 150.175(4);(b)
Not use a gill net or trammel net with a bar mesh size smaller than three and five-tenths (3.5) inches or larger than four and five-tenths (4.5) inches, except:1.
A whip set may have a minimum bar mesh size of three (3) inches; and2.
Beginning on November 15 and running through March 31 at both Kentucky Lake and Lake Barkley, gill and trammel nets with a bar mesh size larger than four and five-tenths (4.5) may be used in stationary sets only;(c)
Not fish a stationary set net with the top of the net or float line shallower than three (3) feet below the surface;(d)
Tend each net, except whip sets, at least once every twenty-four (24) hours;(e)
Not leave whip sets unattended;(f)
Affix a decal supplied by the department to each side of the boat or motor used for fishing under this permit so that the decal is clearly visible while fishing with a gill net or a trammel net;(g)
Not dispose of any commercially caught rough fish at public boat launch areas; and(h)
Not harvest paddlefish at both Kentucky Lake and Lake Barkley during the special commercial fishing season if the paddlefish are less than thirty-eight (38) inches, as measured from the beginning of the eye to the fork of the tail fin.(3)
A permit holder may be accompanied by two (2) unlicensed helpers, who shall be:(a)
In the same boat with the permit holder if fishing with a gill net or a trammel net; or(b)
Accompanied by the permit holder if transporting or selling fish taken under the permit.(4)
A permit holder shall:(a)
Maintain an accurate record of daily fishing activity; and(b)
Submit a completed Monthly Report of Commercial Fish Harvest in Kentucky to the department by the tenth day of the following month.Section 3.
Paddlefish Harvest Requirements.(1)
A person who possesses a valid permit shall be allowed to harvest paddlefish flesh or roe during the special commercial fishing season without the need to purchase a commercial roe-bearing fish harvester's permit.(2)
A person who harvests paddlefish roe during the special commercial fishing season shall follow all commercial roe-bearing fish harvester's permit reporting requirements established in 301 KAR 1:155, Section 14(2).Section 4.
Permit Suspension, Revocation, and Renewal.(1)
The department shall suspend the permit of a person who fails to complete and submit to the department a Monthly Report of Commercial Fish Harvest in Kentucky or a Daily Roe-Bearing Fish Harvester's Transaction Report for each transaction involving a buyer permittee as established in paragraphs (a) through (c) of this subsection.(a)
The first time during the season a report is not received or, if mailed, not postmarked by the tenth of the following month, the licensee or permittee shall receive by mail a courtesy reminder letter.(b)
The second time during the season a report is not received or, if mailed, not postmarked by the tenth of the following month, the licensee or permittee shall receive a warning letter.(c)
If a third or subsequent time during the season a report is not received or, if mailed, not postmarked by the tenth of the following month, the license or permit shall be suspended until all reports have been received.(2)
The department shall not renew the commercial fishing license or harvester's permit of a person who fails to complete and submit to the department all reports required by this administrative regulation.(3)
The department shall revoke or not renew a person's permit for a period of two (2) years, for the following state violations involving commercial fishing:(a)
Use of illegal commercial fishing gear;(b)
Knowingly placing commercial fishing gear in a restricted area;(c)
Harvesting prohibited species of fish;(d)
Commercially fishing, as established by 301 KAR 1:150, in waters not open to commercial fishing; or(e)
Knowingly falsifying commercial harvest data.(4)
A person whose permit has been revoked or denied shall be eligible to enter the drawing following the revocation period only if a permit is available based on the twenty-five (25) permit restriction established in Section 1 of this administrative regulation.(5)
A person whose permit has been revoked or denied may request an administrative hearing pursuant to KRS Chapter 13B.(6)
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.(7)
Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.(8)
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)
The following material is incorporated by reference:(a)
"Commercial Fishing Licenses and Permits Application", 2025 Edition;(b)
"Monthly Report of Commercial Fish Harvest in Kentucky", 2023 Edition; and(c)
"Daily Roe-Bearing Fish Harvester's Transaction Report", 2008 Edition.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the 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:(a)
https://fw.ky.gov/Licenses/Documents/Comm-Fishing-Licenses-Permits-App.pdf for the "Commercial Fishing Licenses and Permits Application";(b)
https://fw.ky.gov/Fish/Documents/CommercialFishData.pdf for the "Monthly Report of Commercial Fish Harvest in Kentucky"; and(c)
https://fw.ky.gov/Fish/Documents/roefishharvestreport[1].pdf for the "Daily Roe-Bearing Fish Harvester's Transaction Report".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 10:00 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 sets forth the conditions and provisions for a special commercial fishery using gill and trammel nets at Kentucky Lake and Lake Barkley.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to specify the waters open to, and other restrictions on the use of, gill and trammel nets at Kentucky Lake and Lake Barkley.
(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 creel limits and methods of take, restriction of places where taking is permitted, and the application of administrative regulations to a limited area or to the entire state. KRS 150.175(3) and (4) authorize the department to promulgate administrative regulations regarding the issuance of commercial fishing licenses, commercial fishing gear, and commercial fishing gear tags.
(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 KRS 150.025 by defining the type and size of gill and trammel nets that can be used, the time period nets can be used, how and where the nets can be set, and what fish can be harvested.
(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 replaces the improper name "Barkley Lake" with the correct name "Lake Barkley" throughout the regulation, including the title.
(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 and to amend the incorrect naming of Lake Barkley 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 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(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 creel limits and methods of take, restriction of places where taking is permitted, and the application of administrative regulations to a limited area or to the entire state. KRS 150.175(3) and (4) authorize the department to promulgate administrative regulations regarding the issuance of commercial fishing licenses, commercial fishing gear, and commercial fishing gear tags.
(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.