Jenny Gilbert

This administrative regulation establishes the legal methods that may be used by commercial fishers to harvest rough fish.

This administrative regulation is necessary to specify the types of legal gear that may be used by commercial fishers to harvest rough fish from waters open to commercial fishing.

KRS 150.025(1) authorizes the 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 the entire state.

This administrative regulation carries out the purposes of KRS 150.025 by defining the size and types of gear that commercial fishers can use to take rough fish.

This amendment addresses several concerns about the current use of trotlines for commercial fishing, including requiring the tagging of trotlines at both ends and every 100 feet, reducing single trot line length from 6000 feet to 1000 feet, and requiring commercial trot lines to be set at least three feet under the surface of the water. In addition, the definitions section for this regulation was removed due to the creation of 301 KAR 1:001 which contains definitions for all 301 KAR 1 regulations.

The amended tagging requirements for trotlines is necessary to make it easier and quicker for law enforcement officers to check for ownership and legality of the trotlines. Currently, only one tag is required for the entire length of trot line, which makes it difficult for officers to locate the single tag while on the water. The current maximum length for trotlines (6000 feet) is overly long and creates issues for law enforcement if pulling of the line is necessary. Multiple trotlines can be used, so this shouldn’t limit commercial fishers in the total length of trotline they want to set. Finally, to reduce dangerous and potentially damaging impacts to recreational boaters and anglers, it is necessary to require trotlines to be set at least three feet below the surface of the water. It was also necessary to remove the definitions section of this regulation due to the creation of 301 KAR 1:001 which contains definitions for all 301 KAR 1 regulations.

See (1)(c) above.

See (1)(d) above.

All commercial fishers using commercial trotlines will be affected, as well as officers checking lines and recreational boaters and anglers trying to avoid trotlines.

Commercial fishers wishing to use trotlines will have to follow the new trotline requirements. No additional actions will be required of law enforcement officers or recreational boaters and anglers.

Depending on how many lines a commercial fisher sets, there will be a small cost to purchase extra commercial gear tags to tag both ends of the line and tag every 100 feet of line. Currently, commercial gear tags cost $15.00 for a block of 10 for residents and $100 for a block of 10 for nonresidents.

The main benefits will be seen by both law enforcement and recreational boaters and anglers. Law enforcement will save time and potentially injury by not having to pull long stretches of nets containing multiple fishing hooks trying to find a single gear tag. Recreational boaters and anglers will benefit from not getting tangled up in the trotlines on the surface of the water which can damage motors and also potentially injure those trying to unravel lines from their motors.

There will be no additional cost to the administrative body initially.

There will be no additional cost to the administrative body on a continuing basis.

The source of funding is the State Game and Fish Fund.

It will not be necessary to increase fees or funding because of the change to this administrative regulation.

This administrative regulation does not establish any fees, nor does it indirectly increase any fees.

No. Tiering is not applied to this regulation because all commercial fishers must abide by the same requirements.

The Department of Fish and Wildlife Resources’ Divisions of Fisheries and Law Enforcement will be impacted by this administrative regulation.

KRS 150.025(1) authorizes the 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 the entire state.

Minimal additional revenue will be generated by this administrative regulation through the sale of additional commercial gear tags in the first year.

Minimal additional revenue will be generated by this administrative regulation through the sale of additional commercial gear tags in subsequent years.

There will be no additional costs to administer this program for the first year.

There will be no additional costs to administer this program for subsequent years.

There will be no cost savings in the first year.

There will be no cost savings in subsequent years.

Depending on how many lines a commercial fisher sets, there will be a small cost to purchase extra commercial gear tags in the first year to tag both ends of the line and tag every 100 feet of line. Currently, commercial gear tags cost $15.00 for a block of 10 for residents and $100 for a block of 10 for nonresidents.

Depending on how many lines a commercial fisher sets, there will be a small cost in subsequent years to purchase extra commercial gear tags to tag both ends of the line and tag every 100 feet of line. Currently, commercial gear tags cost $15.00 for a block of 10 for residents and $100 for a block of 10 for nonresidents.

"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] The cost to purchase additional gear tags will be low and not result in a "Major economic impact".