PROPOSED

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TOURISM, ARTS AND HERITAGE CABINET

Department of Fish and Wildlife Resources

(New Administrative Regulation)

301 KAR 2:031.Repeal of 301 KAR 2:030

RELATES TO:

KRS 150.170, 150.412, 164.772

STATUTORY AUTHORITY:

KRS 150.025, 150.175(11), 150.190

CERTIFICATION STATEMENT:

The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 150.025 authorizes the department to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply statewide or to a limited area. KRS 150.175(11) authorizes the department to issue a commercial guide license, which authorizes the holder to guide hunting and fishing parties. KRS 150.190 authorizes the department to ensure that an applicant for a commercial guide license is qualified to act as a commercial guide. This administrative regulation establishes the requirements for a commercial guide license.

Section 1.

301 KAR 2:030, Commercial Guide License, is hereby repealed.

Approved by the Fish and Wildlife Commission:

RICH STORM, Commissioner

APPROVED BY AGENCY: April 24, 2025

FILED WITH LRC: April 28, 2025 at 11:51 a.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 31, 2025, at 10:30 a.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 July 31, 2025. 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, (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 the requirements for commercial hunting and fishing guides.

(b) The necessity of this administrative regulation:

This regulation is necessary to establish minimum regulatory standards and qualifications for commercial guides.

KRS 150.025 authorizes the department to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply statewide or to a limited area. KRS 150.175(11) authorizes the department to issue a commercial guide’s license, which authorizes the holder to guide hunting and fishing parties. KRS 150.190 authorizes the department to ensure that an applicant for a commercial guide license is qualified to act as a commercial guide.

(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 the minimum standards and qualifications for commercial guides and ensures that an applicant is qualified to act as a commercial guide.

(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:

The regulations will be repealed.

(b) The necessity of the amendment to this administrative regulation:

The repeal is necessary as the amendments to 301 KAR 3:150 shall include updated sections to address the subject matter contained in these regulations, thus making these regulations outdated and redundant.

The requirements of the authorizing statutes shall be addressed in the updates to 301 KAR 3:150.

(d) How the amendment will assist in the effective administration of the statutes:

The repeal of these regulations and inclusion of their subject matter in 301 KAR 3:150 shall consolidate the regulatory requirements for commercial guiding in one regulation.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:

There are approximately 380 commercial guides in Kentucky who are impacted by this regulation.

(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:

There will be no additional actions required to comply.

(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 additional costs to those identified in question (3).

Commercial guides can find the regulation in a chapter that is more intuitive, thus making it easier to understand and comply with.

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially:

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

(b) On a continuing basis:

There will be no additional cost on a continuing basis.

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:

The source of funding is the State Game and Fish 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:

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

(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:

No new fees will be established.

(9) TIERING: Is tiering applied?

Tiering was not applied. The same requirements and limits apply to all commercial guides.

FISCAL IMPACT STATEMENT

(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:

KRS 150.025, 150.175(11), 150.190

(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:

(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:

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

(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):

1. Expenditures:

For the first year:

No expenditures will be experienced by this administrative regulation during the first year.

For subsequent years:

No expenditures will be generated by this administrative regulation in subsequent year.

2. Revenues:

For the first year:

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

For subsequent years:

No revenue will be generated by this administrative regulation in subsequent years.

3. Cost Savings:

For the first year:

No cost savings will be experienced to administer this administrative regulation in subsequent years.

For subsequent years:

No cost savings will be experienced by this administrative regulation in subsequent years.

(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):

N/A

(b) Estimate the following for each affected local entity identified in (4)(a):

1. Expenditures:

For the first year:

N/A

For subsequent years:

N/A

2. Revenues:

For the first year:

N/A

For subsequent years:

N/A

3. Cost Savings:

For the first year:

N/A

For subsequent years:

N/A

(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):

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(b) Estimate the following for each regulated entity identified in (5)(a):

1. Expenditures:

For the first year:

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For subsequent years:

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2. Revenues:

For the first year:

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For subsequent years:

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3. Cost Savings:

For the first year:

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For subsequent years:

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(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)

(a) Fiscal impact of this administrative regulation:

There is no fiscal impact of this administrative regulation.

(b) Methodology and resources used to reach this conclusion:

No methodology or resources were used to reach this conclusion as this is administrative regulation will be repealed.

(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):

(a) Whether this administrative regulation will have a “major economic impact”, as defined by KRS 13A.010(13):

This administrative regulation will not have a major economic impact to any entity identified in the questions above.

(b) The methodology and resources used to reach this conclusion: