Title 301 | Chapter 002 | Regulation 176REG
PROPOSED
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TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 2:176.Wildlife causing damage and landowner designee process.Deer control tags, deer destruction permits, and landowner designees.
Section 1.
Definitions.(1)
"Carcass tag" means a tag affixed to the carcass that allows the individual who legally takes the animal to move the carcass, utilize the edible parts of the same, or transfer possession to another individual.(2)
"Control tag" means a tag issued by the department that authorizes an individual to take wildlife during an open hunting or trapping season for the species causing damage.(3)
"Destruction tag" means an authorization issued by the department that authorizes a landowner or designee to take wildlife outside of an open hunting or trapping season for the species causing damage.(2)
(3)
(4)
"Department representative" means a department employee who is a wildlife biologist or game warden.(5)
"Designee" means a person who has been designated by a landowner and approved by the commissioner to remove wildlife causing damage on the landowner's property.(6)
"Food plot" means a crop or cultivated plants grown to attract and feed wildlife.(7)
"Landowner" means the person who has title to a particular property.Section 2.
Qualifying for(1)
A landowner(a)
Hunting or trapping for the species(b)
Standard deterrent measures recommended by a department representative have proven ineffective or are impractical;(c)
A department representative certifies wildlife(2)
(a)
(d)(b)
Hunting or trapping(2)(3)
A department representative shall make an on-site inspection of each property for which a request for (a)
Has been previously inspected by a(b)
Is immediately adjacent to property assessed by a department representative as having severe wildlife(4)
(3)(5)
The department shall not issue Section 3.
Applying for(1)
A landowner shall request(a)
A game warden(b)
The wildlife(2)
If required by Section 2 of this administrative regulation, a department representative shall visit the property and assess the nature and extent of wildlife(3)
(4)
Section 4.
Number of Control Tags Issued.(1)
The Wildlife Division(2)
The(a)
The county hunting or trapping(b)
Crop, property, or environmental damage is not present.Section 5.
Transfer of(1)
Control(2)
A landowner:(a)
May transfer a(b)
Shall require hunters or trappers to sign a control tag after an animal has been takenSection 6.
Use of(1)
A(2)
A(3)
A person who uses a(a)
Shall have in possession a valid:1.
Control2.
Hunting or trapping license, as applicable for the method of take, and permit for the species causing damage, if applicable3.
Proof of hunter education if required by 301 KAR 2:185.(b)
May use control tags during any open hunting or trapping season for the species;(c)
Shall comply with weapon and season requirements as established in 301 KAR 2:132, 2:142, 2:144, 2:172, 2:251, or 2:300, except that antlered deer or elk may not be taken; and1.
2.
(d)
Shall submit the head of harvested deer or elk to the department as determined by a department representative for Chronic Wasting Disease testing if the animal was taken inside of a Chronic Wasting Disease Surveillance Zone.(4)
Wildlife(5)
Traps used to take wildlife with a control tag shall:(a)
Be tagged and checked as established in KRS 150.400 and 150.410; and(b)
Comply with trap requirements as established in 301 KAR 2:251.Section 7.
(1)
The Wildlife Division(a)
To a person authorized by the commissioner to remove wildlife(b)
To a landowner or the designee:1.
Who continues to experience damage after using2.
Whose property cannot be hunted legally and wildlife(c)
To a captive cervid facility permit holder or applicant:1.
Whose fence meets the fencing and holding requirements in 301 KAR 2:083; and2.
Who has attempted to remove wild deer using nonlethal methods or statewide deer seasons as established in 301 KAR 2:172; or(d)
If a department representative determines that out of season take is warranted to curtail damage after conducting the initial site visit as established in Section 3 of this administrative regulation.(2)
A(a)
Number and sex of wildlife(b)
Method of destruction;(c)
Name of the person who will destroy the wildlife(d)
Dates during which the destruction will take place.(3)
A(4)
A person who uses a(a)
Have in possession a valid:1.
Destruction tag;2.
Hunting or trapping license for the species causing damage3.
Proof of hunter education if required by 301 KAR 2:185; and4.
Completed Wildlife Damage Designee Form for the property in which wildlife are being removed.(b)(a)
Attach to each carcass a carcass tag that contains the confirmation number, hunter's name, and telephone number(c)(b)
Not remove the carcass tag(d)
Relinquish to the department, destroy, or leave afield all inedible parts;(c)
(e)
Shall telecheck the animal by midnight on the day it was recovered if telecheck is ordinarily required for the species taken;(f)
Shall submit the head of harvested deer or elk to the department as determined by a department representative for Chronic Wasting Disease testing if the animal was taken inside of a Chronic Wasting Disease Surveillance Zone; and(g)
Not take wildlife causing damage at night unless specified by a department representative and approved by the commissioner in writing on the Wildlife Damage Designee Form.(5)
A(6)
A person who receives a(a)
Complete a Wildlife Destruction Tag(b)
Submit the completed form to the department at # 1 Sportsman's Lane, Frankfort, Kentucky 40601, ATTN: Wildlife Destruction TagSection 8.
Designee Procedures,(1)
A landowner may appoint a designee to kill wildlife causing damage on the landowner's land.(2)
The landowner and designee shall complete and submit to the department a Wildlife Damage Designee Form.(3)
The department shall have thirty (30) days upon receipt of the Wildlife Damage Designee Form to approve or deny a designee.(4)
The department shall deny a designee that:(a)
Has received a felony conviction; or(b)
Has been convicted of any state or federal wildlife violation during the previous three (3) years.Section 9.
Denial or Revocation of(1)
The department shall revoke a(2)
An individual whose request for a tag(3)
A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or the revocation.(4)
Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.(5)
The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order, pursuant to KRS Chapter 13B.Section 10.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Wildlife Damage Designee Form", 2025(b)
"Out-of-Season Wildlife Destruction(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. Eastern Time or online at:(a)
Wildlife Damage Designee Form: https://fw.ky.gov/Wildlife/Documents/Wildlife-Damage-Designee-Form.pdf;(b)
Out-of-Season Wildlife Destruction Reporting Form: https://fw.ky.gov/Wildlife/Documents/Out-Season-Wildlife-Destr-Rpt-Form.pdf.Approved by the Fish and Wildlife Commission
RICH STORM, Commissioner
APPROVED BY AGENCY: December 11, 2025
FILED WITH LRC: December 12, 2025 at 3 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 26, 2026, at 11:00 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 February 28, 2026. 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
Subject Headings:
Fish and Wildlife, Hunting, Animals: Wildlife
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the process and requirements for getting damage assistance for landowners or lease holders experiencing wildlife damage.
(b) The necessity of this administrative regulation:
This regulation is necessary to ensure that constituents are receiving the damage assistance they need in a regulated manner that is reportable to the department.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025(1) 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 to a limited area. KRS 150.105 authorizes the commissioner with the approval of the commission to destroy or bring under control wildlife causing damage. KRS 150.170(7) authorizes landowners, their spouses or dependent children, or a designee to destroy wildlife causing damage. It also authorizes the department to promulgate administrative regulations that establish procedures for the designee appointment process. This administrative regulation establishes the requirements for the issuance of wildlife control tags and destruction tags and establishes the requirements for the landowner designee appointment process.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
150.170 authorizes landowners and their dependents to take wildlife causing damage.
(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:
Removes all references to deer specifically and replaces it with the general term wildlife. Provides better clarification on approval and denial parameters for tag issuance.
(b) The necessity of the amendment to this administrative regulation:
150.170 allows landowners to kill wildlife causing damage and this regulation provides the legal framework to do so.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 150.025(1) 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 to a limited area. KRS 150.105 authorizes the commissioner with the approval of the commission to destroy or bring under control wildlife causing damage. KRS 150.170(7) authorizes landowners, their spouses or dependent children, or a designee to destroy wildlife causing damage. It also authorizes the department to promulgate administrative regulations that establish procedures for the designee appointment process.
(d) How the amendment will assist in the effective administration of the statutes:
This administrative regulation establishes the requirements for the issuance of wildlife control tags and destruction tags and establishes the requirements for the landowner designee appointment process.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All individuals who wish to obtain wildlife damage tags.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
N/A, no new action required.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There will be no cost to comply with the amendments to this regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Compliance with these amendments will allow individuals to obtain the wildlife damage tags.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to implement these regulatory amendments initially.
(b) On a continuing basis:
There will be no continuing costs to implement these amendments.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The Fish and Game Fund.
(8) 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:
There will be no increase in fees or funding necessary to implement these changes.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering is not applied as all landowners with wildlife damage must adhere to this regulation.
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(1), 150.105, 150.170(7), 150.186
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This amendment is not expressly authorized by an act of the General Assembly.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Kentucky Department of Fish and Wildlife Resources. No other state agencies are affected.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
These amendments will not result in any additional expenditures for the department.
For subsequent years:
These amendments will not result in any additional expenditures for the department.
2. Revenues:
For the first year:
These amendments will not result in any change in revenues for the department.
For subsequent years:
These amendments will not result in any change in revenues for the department.
3. Cost Savings:
For the first year:
These amendments will not result in any cost savings for the department.
For subsequent years:
These amendments will not result in any cost savings for the department.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities should be affected by these amendments.
(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):
No other entities should be affected by these amendments.
(b) Estimate the following for each regulated entity identified in (5)(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
(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:
This amendment will not have any significant fiscal impact.
(b) Methodology and resources used to reach this conclusion:
This amendment does not modify any fees or require affected entities to expend funds to comply with the amendments beyond those incidental to normal operations.
(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(14):
This amendment will not have a major economic impact.
(b) The methodology and resources used to reach this conclusion:
This amendment does not increase any fees or otherwise create a financial burden to state or local government agencies or to regulated entities.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 2:176.Wildlife causing damage and landowner designee process.
Section 1.
Definitions.(1)
"Carcass tag" means a tag affixed to the carcass that allows the individual who legally takes the animal to move the carcass, utilize the edible parts of the same, or transfer possession to another individual.(2)
"Control tag" means a tag issued by the department that authorizes an individual to take wildlife during an open hunting or trapping season for the species causing damage.(3)
"Destruction tag" means an authorization issued by the department that authorizes a landowner or designee to take wildlife outside of an open hunting or trapping season for the species causing damage.(4)
"Department representative" means a department employee who is a wildlife biologist or game warden.(5)
"Designee" means a person who has been designated by a landowner and approved by the commissioner to remove wildlife causing damage on the landowner's property.(6)
"Food plot" means a crop or cultivated plants grown to attract and feed wildlife.(7)
"Landowner" means the person who has title to a particular property.Section 2.
Qualifying for Control Tags.(1)
A landowner shall qualify for control tags if:(a)
Hunting or trapping for the species occurred on the property during the previous season;(b)
Standard deterrent measures recommended by a department representative have proven ineffective or are impractical;(c)
A department representative certifies wildlife damage to crops, gardens, property, or wildlife habitat; or(d)
Hunting or trapping seasons and bag limits are determined by a department representative to be inadequate to control wildlife populations on the property.(2)
A department representative shall make an on-site inspection of each property for which a request for control tags has been made, unless the property:(a)
Has been previously inspected by a department representative and the landowner affirms that wildlife damage still exists; or(b)
Is immediately adjacent to property assessed by a department representative as having severe wildlife damage.(3)
The department shall not issue control tags to a landowner whose only damage is to a food plot.Section 3.
Applying for Control Tags.(1)
A landowner shall request control tags by contacting the department through:(a)
A game warden; or(b)
The wildlife biologist for the county in which the property is located.(2)
If required by Section 2 of this administrative regulation, a department representative shall visit the property and assess the nature and extent of wildlife damage.Section 4.
Number of Control Tags Issued.(1)
The Wildlife Division shall determine the number of control tags to be issued for each property based on the recommendation of the department representative.(2)
The department shall not issue a control tag if:(a)
The county hunting or trapping season is adequate to achieve the desired reduction in wildlife numbers; or(b)
Crop, property, or environmental damage is not present.Section 5.
Transfer of Control Tags.(1)
Control tags shall be issued in the landowner's name.(2)
A landowner:(a)
May transfer a control tag to another person; and(b)
Shall require hunters or trappers to sign a control tag after an animal has been taken.Section 6.
Use of Control Tags.(1)
A control tag shall not be valid except on the property for which it was issued.(2)
A control tag shall expire after the license year for which it was issued.(3)
A person who uses a control tag:(a)
Shall have in possession a valid:1.
Control tag; and2.
Hunting or trapping license, as applicable for the method of take, and permit for the species causing damage, if applicable, unless exempt from license or permit requirements pursuant to KRS 150.170 or 301 KAR 3:120; and3.
Proof of hunter education if required by 301 KAR 2:185.(b)
May use control tags during any open hunting or trapping season for the species;(c)
Shall comply with weapon and season requirements as established in 301 KAR 2:132, 2:142, 2:144, 2:172, 2:251, or 2:300, except that antlered deer or elk may not be taken; and(d)
Shall submit the head of harvested deer or elk to the department as determined by a department representative for Chronic Wasting Disease testing if the animal was taken inside of a Chronic Wasting Disease Surveillance Zone.(4)
Wildlife taken with a control tag shall not count toward the zone or statewide bag limit as established in 301 KAR 2:132, 2:142, 2:144, 2:172, 2:251, or 2:300.(5)
Traps used to take wildlife with a control tag shall:(a)
Be tagged and checked as established in KRS 150.400 and 150.410; and(b)
Comply with trap requirements as established in 301 KAR 2:251.Section 7.
Destruction Tags.(1)
The Wildlife Division may issue a destruction tag:(a)
To a person authorized by the commissioner to remove wildlife that are or may become a public safety or environmental threat or that have entered a permitted captive cervid facility;(b)
To a landowner or the designee:1.
Who continues to experience damage after using control tags; or2.
Whose property cannot be hunted legally and wildlife are posing a public safety or environmental threat;(c)
To a captive cervid facility permit holder or applicant:1.
Whose fence meets the fencing and holding requirements in 301 KAR 2:083; and2.
Who has attempted to remove wild deer using nonlethal methods or statewide deer seasons as established in 301 KAR 2:172; or(d)
If a department representative determines that out of season take is warranted to curtail damage after conducting the initial site visit as established in Section 3 of this administrative regulation.(2)
A destruction tag shall specify the:(a)
Number and sex of wildlife to be destroyed if the species causing damage is sexually dimorphic;(b)
Method of destruction;(c)
Name of the person who will destroy the wildlife; and(d)
Dates during which the destruction will take place.(3)
A destruction tag shall not be issued without the recommendation of a department representative and the approval of the commissioner.(4)
A person who uses a destruction tag shall:(a)
Have in possession a valid:1.
Destruction tag;2.
Hunting or trapping license for the species causing damage , unless exempt from license or permit requirements pursuant to KRS 150.170 or 301 KAR 3:120;3.
Proof of hunter education if required by 301 KAR 2:185; and4.
Completed Wildlife Damage Designee Form for the property in which wildlife are being removed.(b)
Attach to each carcass a carcass tag that contains the confirmation number, hunter's name, and telephone number;(c)
Not remove the carcass tag until the carcass is processed or disposed of;(d)
Relinquish to the department, destroy, or leave afield all inedible parts;(e)
Shall telecheck the animal by midnight on the day it was recovered if telecheck is ordinarily required for the species taken;(f)
Shall submit the head of harvested deer or elk to the department as determined by a department representative for Chronic Wasting Disease testing if the animal was taken inside of a Chronic Wasting Disease Surveillance Zone; and(g)
Not take wildlife causing damage at night unless specified by a department representative and approved by the commissioner in writing on the Wildlife Damage Designee Form.(5)
A destruction tag shall not be used except as specified on the authorization.(6)
A person who receives a destruction tag for species other than bear, bobcat, deer, elk, river otter or turkey shall:(a)
Complete a Wildlife Destruction Tag Reporting Form issued by the department; and(b)
Submit the completed form to the department at # 1 Sportsman's Lane, Frankfort, Kentucky 40601, ATTN: Wildlife Destruction Tag Report, within fourteen (14) days after the expiration date designated on the destruction tag.Section 8.
Designee Procedures, Requirements and Denial Process.(1)
A landowner may appoint a designee to kill wildlife causing damage on the landowner's land.(2)
The landowner and designee shall complete and submit to the department a Wildlife Damage Designee Form.(3)
The department shall have thirty (30) days upon receipt of the Wildlife Damage Designee Form to approve or deny a designee.(4)
The department shall deny a designee that:(a)
Has received a felony conviction; or(b)
Has been convicted of any state or federal wildlife violation during the previous three (3) years.Section 9.
Denial or Revocation of Control Tags or Destruction Tag and Appeal Procedures.(1)
The department shall revoke a control tag or destruction tag or deny a future tag to a person who fails to comply with the requirements of this administrative regulation.(2)
An individual whose request for a tag has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.(3)
A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or the revocation.(4)
Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.(5)
The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order, pursuant to KRS Chapter 13B.Section 10.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Wildlife Damage Designee Form", 2025 edition; and(b)
"Out-of-Season Wildlife Destruction Reporting Form", 2025 edition.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. Eastern Time or online at:(a)
Wildlife Damage Designee Form: https://fw.ky.gov/Wildlife/Documents/Wildlife-Damage-Designee-Form.pdf;(b)
Out-of-Season Wildlife Destruction Reporting Form: https://fw.ky.gov/Wildlife/Documents/Out-Season-Wildlife-Destr-Rpt-Form.pdf.Approved by the Fish and Wildlife Commission
RICH STORM, Commissioner
APPROVED BY AGENCY: December 11, 2025
FILED WITH LRC: December 12, 2025 at 3 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 26, 2026, at 11:00 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 February 28, 2026. 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
Subject Headings:
Fish and Wildlife, Hunting, Animals: Wildlife
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the process and requirements for getting damage assistance for landowners or lease holders experiencing wildlife damage.
(b) The necessity of this administrative regulation:
This regulation is necessary to ensure that constituents are receiving the damage assistance they need in a regulated manner that is reportable to the department.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025(1) 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 to a limited area. KRS 150.105 authorizes the commissioner with the approval of the commission to destroy or bring under control wildlife causing damage. KRS 150.170(7) authorizes landowners, their spouses or dependent children, or a designee to destroy wildlife causing damage. It also authorizes the department to promulgate administrative regulations that establish procedures for the designee appointment process. This administrative regulation establishes the requirements for the issuance of wildlife control tags and destruction tags and establishes the requirements for the landowner designee appointment process.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
150.170 authorizes landowners and their dependents to take wildlife causing damage.
(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:
Removes all references to deer specifically and replaces it with the general term wildlife. Provides better clarification on approval and denial parameters for tag issuance.
(b) The necessity of the amendment to this administrative regulation:
150.170 allows landowners to kill wildlife causing damage and this regulation provides the legal framework to do so.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 150.025(1) 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 to a limited area. KRS 150.105 authorizes the commissioner with the approval of the commission to destroy or bring under control wildlife causing damage. KRS 150.170(7) authorizes landowners, their spouses or dependent children, or a designee to destroy wildlife causing damage. It also authorizes the department to promulgate administrative regulations that establish procedures for the designee appointment process.
(d) How the amendment will assist in the effective administration of the statutes:
This administrative regulation establishes the requirements for the issuance of wildlife control tags and destruction tags and establishes the requirements for the landowner designee appointment process.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All individuals who wish to obtain wildlife damage tags.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
N/A, no new action required.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There will be no cost to comply with the amendments to this regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Compliance with these amendments will allow individuals to obtain the wildlife damage tags.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to implement these regulatory amendments initially.
(b) On a continuing basis:
There will be no continuing costs to implement these amendments.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The Fish and Game Fund.
(8) 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:
There will be no increase in fees or funding necessary to implement these changes.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering is not applied as all landowners with wildlife damage must adhere to this regulation.
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(1), 150.105, 150.170(7), 150.186
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This amendment is not expressly authorized by an act of the General Assembly.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Kentucky Department of Fish and Wildlife Resources. No other state agencies are affected.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
These amendments will not result in any additional expenditures for the department.
For subsequent years:
These amendments will not result in any additional expenditures for the department.
2. Revenues:
For the first year:
These amendments will not result in any change in revenues for the department.
For subsequent years:
These amendments will not result in any change in revenues for the department.
3. Cost Savings:
For the first year:
These amendments will not result in any cost savings for the department.
For subsequent years:
These amendments will not result in any cost savings for the department.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities should be affected by these amendments.
(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):
No other entities should be affected by these amendments.
(b) Estimate the following for each regulated entity identified in (5)(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
(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:
This amendment will not have any significant fiscal impact.
(b) Methodology and resources used to reach this conclusion:
This amendment does not modify any fees or require affected entities to expend funds to comply with the amendments beyond those incidental to normal operations.
(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(14):
This amendment will not have a major economic impact.
(b) The methodology and resources used to reach this conclusion:
This amendment does not increase any fees or otherwise create a financial burden to state or local government agencies or to regulated entities.