Title 301 | Chapter 002 | Regulation 015
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 2:015.Feeding of wildlife.
Section 1.
Definitions.(1)
"Captivity" means confinement by fence or other structure, or restraint intended to prevent escape.(2)
"Curtilage of the home" means the area encompassing the grounds immediately surrounding any home or group of homes used in the daily activities of domestic life, and may or may not be enclosed by a fence or other barrier, and includes areas occupied by captive cervids as established in 301 KAR 2:083 and wildlife held in captivity for rehabilitation purposes as established in 301 KAR 2:075 or held in captivity as established in 301 KAR 2:081 and 2:082.(3)
"Feeding" means willingly, wantonly, or knowingly depositing, distributing, or scattering of shelled, shucked, or unshucked corn, millet, milo, safflower seed, sunflower seed,Section 2.
Recreational Feeding of Wildlife.(1)
Wildlife shall not be fed from March 1 through July 31 except as provided in subsections (2) and (3) of this section.(2)
Wildlife may only be fed year-round:(a)
In public areas that is not open to legal hunting or trapping, unless otherwise prohibited by statute, administrative regulation, or municipal ordinance;(b)
Within the curtilage of the home; and(c)
In a zoo or other facility that lawfully keeps or exhibits wildlife for rehabilitation, rescue, or public viewing.(3)
Fish may be fed year-round.Section 3.
Chronic Wasting Disease. In a department-designated Chronic Wasting Disease Surveillance Zone or Management Zone county, specified on the department's Web site at fw.ky.gov, persons shall not bait or feed using grain, salt, mineral, or other ingested attractants, except that the following shall be exempted:(1)
Normal agricultural practices;(2)
Wildlife food plots or plantings;(3)
Bird feeders within the curtilage of the home; and(4)
Furbearer trapping, except that trappers shall not use grain, salt, or mineral.RICH STORM, Commissioner
APPROVED BY AGENCY: February 14, 2023
FILED WITH LRC: February 15, 2023 at 10:45 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on April 28, 2023, at 9:00a.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 April 30, 2023. 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 establishes restrictions on the feeding of wildlife that will serve to protect wildlife from disease and toxic substances that may cause harm to the wildlife population if left unregulated.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to effectively manage wildlife populations in Kentucky while protecting them from disease concerns.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.015 requires the department to protect and conserve the wildlife of this Commonwealth. KRS 150.025(l)(h) authorizes the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 150.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by establishing requirements for feeding of wildlife.
(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 will correct language that was filed to establish specific feeding and baiting restrictions in the CWD zone and inadvertently added to the broader definition.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to conform with the original intent of the amendment filed in the fall of 2022.
(c) How the amendment conforms to the content of the authorizing statutes:
See (1)(c) above.
(d) How the amendment will assist in the effective administration of the statutes:
See (1)(d) above.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Anyone using salt, mineral, or other attractants outside of the Chronic wasting disease surveillance or maintenance zones.
(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 necessary.
(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.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The individuals using salt, minerals, or other attractants will not need to clean salt, mineral, or other attractants that may be remaining on the landscape outside of the Chronic wasting disease surveillance or maintenance zones prior to each March 1.
(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 initially.
(b) On a continuing basis:
There will be no continuing costs.
(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:
No increase in fees or funding will be necessary.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This amendment does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied as the terms of the amendment will apply to all individuals equally.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Fish and Wildlife Resources
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 150.025
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
There will be no effect on the expenditures and revenues of any agency.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This amendment will not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This amendment will not generate revenue.
(c) How much will it cost to administer this program for the first year?
There will be no cost to administer the amendments.
(d) How much will it cost to administer this program for subsequent years?
There will be not cost to administer the amendments.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
There will be no effect on the expenditures or cost savings for regulated entities.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
There will be no cost savings for regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There will be no cost savings for regulated entities.
(c) How much will it cost the regulated entities for the first year?
There will be no cost for regulated entities.
(d) How much will it cost the regulated entities for subsequent years?
There will be no cost for regulated entities.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"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)] These amendments will not have a major economic impact as no revenue will be generated for any agency and no costs will be incurred by any regulated entity.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 2:015.Feeding of wildlife.
Section 1.
Definitions.(1)
"Captivity" means confinement by fence or other structure, or restraint intended to prevent escape.(2)
"Curtilage of the home" means the area encompassing the grounds immediately surrounding any home or group of homes used in the daily activities of domestic life, and may or may not be enclosed by a fence or other barrier, and includes areas occupied by captive cervids as established in 301 KAR 2:083 and wildlife held in captivity for rehabilitation purposes as established in 301 KAR 2:075 or held in captivity as established in 301 KAR 2:081 and 2:082.(3)
"Feeding" means willingly, wantonly, or knowingly depositing, distributing, or scattering of shelled, shucked, or unshucked corn, millet, milo, safflower seed, sunflower seed, thistle, wheat, or other grain, or any manufactured feed or food product to be consumed by wildlife, but shall not include the establishment and maintenance of plantings for wildlife, foods found scattered solely as the result of normal agricultural planting practices or harvesting practices, foods available to wildlife through normal agricultural practices of livestock feeding if the areas are occupied by livestock actively consuming the feed on a daily basis, or standing farm crops under normal agricultural practices.Section 2.
Recreational Feeding of Wildlife.(1)
Wildlife shall not be fed from March 1 through July 31 except as provided in subsections (2) and (3) of this section.(2)
Wildlife may only be fed year-round:(a)
In public areas that is not open to legal hunting or trapping, unless otherwise prohibited by statute, administrative regulation, or municipal ordinance;(b)
Within the curtilage of the home; and(c)
In a zoo or other facility that lawfully keeps or exhibits wildlife for rehabilitation, rescue, or public viewing.(3)
Fish may be fed year-round.Section 3.
Chronic Wasting Disease. In a department-designated Chronic Wasting Disease Surveillance Zone or Management Zone county, specified on the department's Web site at fw.ky.gov, persons shall not bait or feed using grain, salt, mineral, or other ingested attractants, except that the following shall be exempted:(1)
Normal agricultural practices;(2)
Wildlife food plots or plantings;(3)
Bird feeders within the curtilage of the home; and(4)
Furbearer trapping, except that trappers shall not use grain, salt, or mineral.RICH STORM, Commissioner
APPROVED BY AGENCY: February 14, 2023
FILED WITH LRC: February 15, 2023 at 10:45 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on April 28, 2023, at 9:00a.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 April 30, 2023. 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 establishes restrictions on the feeding of wildlife that will serve to protect wildlife from disease and toxic substances that may cause harm to the wildlife population if left unregulated.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to effectively manage wildlife populations in Kentucky while protecting them from disease concerns.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.015 requires the department to protect and conserve the wildlife of this Commonwealth. KRS 150.025(l)(h) authorizes the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 150.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by establishing requirements for feeding of wildlife.
(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 will correct language that was filed to establish specific feeding and baiting restrictions in the CWD zone and inadvertently added to the broader definition.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to conform with the original intent of the amendment filed in the fall of 2022.
(c) How the amendment conforms to the content of the authorizing statutes:
See (1)(c) above.
(d) How the amendment will assist in the effective administration of the statutes:
See (1)(d) above.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Anyone using salt, mineral, or other attractants outside of the Chronic wasting disease surveillance or maintenance zones.
(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 necessary.
(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.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The individuals using salt, minerals, or other attractants will not need to clean salt, mineral, or other attractants that may be remaining on the landscape outside of the Chronic wasting disease surveillance or maintenance zones prior to each March 1.
(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 initially.
(b) On a continuing basis:
There will be no continuing costs.
(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:
No increase in fees or funding will be necessary.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This amendment does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied as the terms of the amendment will apply to all individuals equally.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Fish and Wildlife Resources
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 150.025
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
There will be no effect on the expenditures and revenues of any agency.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This amendment will not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This amendment will not generate revenue.
(c) How much will it cost to administer this program for the first year?
There will be no cost to administer the amendments.
(d) How much will it cost to administer this program for subsequent years?
There will be not cost to administer the amendments.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
There will be no effect on the expenditures or cost savings for regulated entities.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
There will be no cost savings for regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There will be no cost savings for regulated entities.
(c) How much will it cost the regulated entities for the first year?
There will be no cost for regulated entities.
(d) How much will it cost the regulated entities for subsequent years?
There will be no cost for regulated entities.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"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)] These amendments will not have a major economic impact as no revenue will be generated for any agency and no costs will be incurred by any regulated entity.