Jenny Gilbert

This administrative regulation establishes the requirements for the Invasive Carp and Scaled Rough Fish Harvest Program and Experimental Commercial Fishing Methods Program.

The regulation is necessary to provide two important mechanisms for the removal of invasive carp from waters critical to sport fishing and recreational boating.

KRS 150.025(1) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate creel limits and methods of take, to regulate the buying, selling, or transporting of fish and wildlife, and to make these requirements apply to a limited area.

This administrative regulation will assist the purpose of the statute by establishing processes for nuisance fish removal from waters of the Commonwealth.

This amendment adds the eligibility and participation requirements for the new voluntary Experimental Commercial Fishing Methods Program. This program allows commercial fishers to use special commercial fishing gear and methods to further the goal of invasive carp harvest in mass quantities. This amendment also removes the definitions section due to the creation of 301 KAR 1:001. Definitions for 301 KAR Chapter 1. Finally, this amendment changes all references to "Asian carp" to "invasive carp".

This amendment is necessary to create the guidelines for the Experimental Commercial Fishing Methods Program which will allow for increased harvest of invasive carp.

See 1(c) above. (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: See 1(d) above.

This regulation will affect all commercial fishers who wish to use experimental gears and methods to harvest invasive carp. Additionally, this regulation may positively affect all recreational anglers and boaters in the Mississippi and Ohio rivers, their tributaries, and in Kentucky and Barkley lakes.

Program participants will need to follow those regulation amendments provided in question (2)(a) above as well as purchase the appropriate Experimental Commercial Fishing Methods Program permit.

The cost to commercial fishers participating in the Experimental Commercial Fishing Methods Program will depend on which permit they purchase. Resident permits cost $800 for Tier I and $1,600 for Tier II. Non-resident permits cost $1,200 for Tier I and $2,400 for Tier II.

Commercial fishers participating in the Experimental Commercial Fishing Methods Program will be allowed to use fishing gears/methods not traditionally allowed for commercial fishing and potentially allow the license holder to catch and sell more invasive carp.

There will be minimal cost to the department to implement this administrative regulation initially.

There will be minimal cost to the department on a continuing basis.

The source of funding is the Invasive Carp Federal Funds and the State Game and Fish Fund.

There will be no need for fee increases at the state level.

The only fee established is the cost to purchase the appropriate Experimental Commercial Fishing Methods Program permit to participate in the program.

No. All commercial fishers participating in this program will need to follow the same regulations and purchase the appropriate permit.

KRS 150.025(1) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate creel limits and methods of take, to regulate the buying, selling, or transporting of fish and wildlife, and to make these requirements apply to a limited area.

The Department’s Fisheries Division and Law Enforcement Division will be impacted by this amendment.

There will be a minimal cost for KDFWR to administer this program in the first year.

There will be minimal revenue in the first year. Tier I of the program is capped at three participants and Tier II participants will be three or below. Revenue to the department will be limited to the cost of the permits purchased.

This amendment will not generate any cost savings in the first year but will potentially allow commercial fishers to harvest more invasive carp and generate more revenue for themselves.

This amendment will not generate any cost savings in subsequent years but will potentially allow commercial fishers to harvest more invasive carp and generate more revenue for themselves. Any increase in revenue for the department will be limited to an increase in Tier II participants and the funds generated by their purchase of a permit.

The cost for regulated entities in the first year will depend on which permit they are purchasing.

This regulation will not directly generate revenue for state or local government in the first year, but local economies could be positively impacted through removal of invasive carp species.

There will be no cost savings generated from this amendment, but it will potentially allow commercial fishers to harvest more invasive carp and generate more revenue for themselves.

This regulation will not directly generate revenue for state or local government in subsequent years, but local economies could be positively impacted through removal of invasive carp species.

There will be a minor cost to commercial fishers associated with the purchasing of a permit. However, the permit will allow commercial fishers to use gear and methods that could increase their revenue far beyond the cost of the permit. There will be no cost to other entities, but reduction of invasive carp in affected waters could increase tourism and associated revenues.

Experimental gears and methods have the ability to increase commercial fishers’ catch of invasive carp. This will increase their revenue from sale of their harvested fish. In addition, increased harvest will result in decreased adverse impacts from these invasive fish and could increase tourism dollars in affected areas.

This administrative regulation will not have a negative major economic impact to the entities identified in question (2) - (4).

The only costs to the entities in questions (2) - (4) will be the cost to purchase a permit. However, the permit will allow commercial fishers to use gear and methods that could increase their revenue far beyond the cost of the permit.