Jenny Gilbert

This administrative regulation establishes commercial fishing requirements, protects certain species from overharvest, and regulates the buying and selling of roe-bearing species of rough fish.

This administrative regulation is necessary to effectively manage rough fish populations in Kentucky.

150.025(1) authorizes the department to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate bag limits, creel limits, and methods of take, and to make these requirements apply to a limited area. KRS 150.175(3) authorizes the department to establish a commercial fishing license that allows the taking and selling of rough fish. 50 C.F.R. 17 protects the shovelnose sturgeon from harvest because of similarity of appearance with the endangered pallid sturgeon.

This administrative regulation will carry out the purposes of the statutes and federal regulation by describing the requirements for commercial fishing in Kentucky.

This amendment removes the definition section due to the creation of 301 KAR 1:001 which contains definitions for all 301 KAR 1 regulations, aligns trophy catfish harvest regulations with recreational fishing catfish regulations, removes tributaries to the Ohio River from open waters for Lower Ohio River Trophy Catfish harvest for special permit holders below Cannelton Lock and Dam on the Ohio River, provides minor edits to the Monthly Report of Commercial Fish Harvest in Kentucky, which is incorporated by reference, and cleans up some non-substantive text throughout the regulation.

With the creation of 301 KAR 1:001, there is no need for definition sections in each individual regulation. By aligning the commercial and recreational fishing regulations for trophy catfish, better protection of these large catfish is provided to prevent overharvest. The removal of tributaries to the Ohio River below Cannelton Lock and Dam is based on trophy catfish abundance and declining harvest and use of these tributaries over the last ten years. It will provide better protection of these tributary trophy catfish populations. Finally, to make it easier to fill out the Monthly Report of Commercial Fish Harvest in Kentucky document, which is incorporated by reference, some formatting changes were made.

See (1)(c) above.

See (1)(d) above.

All commercial fishers who harvest trophy catfish commercially will be affected. Commercial fishers fishing the Ohio River above Cannelton Lock and Dam are already required to follow the trophy catfish regulations in effect for recreational fishing. Finally, all commercial fishers reporting catch and harvest data will be affected by the minor edits to the document incorporated by reference.

Commercial fishers fishing the waters affected by this regulation will be limited to one trophy catfish of each species per day. The limited number of commercial fishers who fished tributaries of the Ohio River below Cannelton Lock and Dam will no longer be allowed to harvest four Lower Ohio River Trophy Catfish per day but will be allowed to harvest the same number of trophy catfish allowed per day for recreational anglers.

There will be a small cost to commercial fishers who harvested more than one trophy catfish of each species per day in the past. The greatest impact will be to commercial fishers fishing on Kentucky and Barkley lakes, but the current estimated financial impact would be approximately $5,000 spread across 85-95 fishers.

By providing more protection to the trophy catfish, it will ensure that the population abundance remains stable, providing a stable, long-term commercial industry for trophy catfish.

This administrative regulation change will result in no initial change in administrative cost to the Department.

There will be no additional cost on a continuing basis.

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

It will not be necessary to increase any other fees or increase funding to implement this administrative regulation.

No new fees will be established.

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 to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate bag limits, creel limits, and methods of take, and to make these requirements apply to a limited area. KRS 150.175(3) authorizes the department to establish a commercial fishing license that allows the taking and selling of rough fish. 50 C.F.R. 17 protects the shovelnose sturgeon from harvest because of similarity of appearance with the endangered pallid sturgeon.

No revenue will be generated by this administrative regulation during the first year.

No revenue will be generated by this administrative regulation during 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, but protection of the trophy catfish population may provide a more stable and long-term revenue source for commercial fishers.

There will be no direct cost to the regulated entities in the first year; however, there will be a small loss in revenue for those that had harvested more than one trophy catfish of each species per day in past years.

There will be no direct cost to the regulated entities in subsequent years; however, there will be a small loss in revenue for those that had harvested more than one trophy catfish of each species per day in past years.

There will be a small cost to commercial fishers who harvested more than one trophy catfish of each species per day in the past. The greatest impact will be to commercial fishers fishing on Kentucky and Barkley lakes, but the current estimated financial impact would be approximately $5,000 spread across 85-95 fishers.

"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)] Although there may be a small economic impact to the regulated entities, it will be much lower than $500,000 and therefore will not be a “Major economic impact”.