Jenny Gilbert

This administrative regulation establishes the procedures for taking sport and rough fish by nontraditional fishing methods.

This administrative regulation is necessary to effectively manage the fish populations of Kentucky and to provide for reasonable recreational fishing opportunities.

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, daily limits, and methods of take, and to make those requirements apply to a limited area. KRS 150.440 requires the department to promulgate administrative regulations for establishing open seasons and daily limits for rough fish by gigging, grabbing, snaring, and snagging. KRS 150.470 requires the department to promulgate administrative regulations for bag or daily limits for fish. KRS 235.280 requires the department to promulgate administrative regulations to govern the fair, reasonable, equitable, and safe use of all waters of the state.

This administrative regulation will assist in the administration of the statutes by authorizing the methods used to take fish, the areas open for such take, and the seasons and limits to be used when taking fish by nontraditional methods.

This amendment adds Yatesville Lake to the list of lakes where anglers can only keep one blue catfish or channel catfish over 25 inches per day when hand grabbing. This amendment also removes the definitions section due to creation of a new definitions regulation (301 KAR 1:001), and changes "daily creel limit" to "daily limit" throughout the regulation to match the new definitions regulation (301 KAR 1:001). Finally, the word "Asian" has been replaced with "invasive" when referring to the invasive carp species.

The Department is now stocking blue catfish in Yatesville Lake and is imposing stricter hand-grabbing regulations to protect this new population. In addition, the definitions section of this regulation is being removed due to creation of a new definitions regulation (301 KAR 1:001) and the use of "daily creel limit is being changed to "daily limit" and "Asian" is being changed to "invasive" to match the definitions in the newly created 301 KAR 1:001.

See 1(c) above.

See 1(d) above.

All anglers hand-grabbing catfish at Yatesville Lake will be affected. The "daily limit" and "invasive carp" wording changes are not regulation changes and should have no impact on anglers.

All anglers hand-grabbing catfish at Yatesville Lake will need to follow the new regulation.

There will be no cost incurred by the anglers identified.

Anglers who hand-grab catfish at Yatesville Lake will benefit in the long run from a higher quality catfish fishery.

There will be no initial cost to implement this administrative regulation.

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 fees or funding to implement this administrative regulation.

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

Tiering was not applied because all individuals fishing in Kentucky must abide by the same requirements.

The Kentucky Department of Fish and Wildlife Resources' Divisions of Fisheries and Law Enforcement will be impacted by this amendment.

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, daily limits, and methods of take, and to make those requirements apply to a limited area. KRS 150.440 requires the department to promulgate administrative regulations for establishing open seasons and daily limits for rough fish by gigging, grabbing, snaring, and snagging. KRS 150.470 requires the department to promulgate administrative regulations for bag or daily limits for fish. KRS 235.280 requires the department to promulgate administrative regulations to govern the fair, reasonable, equitable, and safe use of all waters of the state.

It is unknown if this administrative regulation could indirectly increase any fishing license sales during the first year.

There will be no direct revenue generated in subsequent years, and it is unknown if fishing license sales will be indirectly increased because of this amendment.

There will be no initial cost to implement this administrative regulation for the first year.

There will be no cost in subsequent years.

There will be no anticipated cost savings for the regulated entities in the first year.

There will be no anticipated cost savings for the regulated entities in subsequent years.

There will be no additional costs for the regulated entities in the first year.

There will be no additional costs for the regulated entities in subsequent years.

"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)] This amendment will have no major economic impact as defined above.