Title 301 | Chapter 002 | Regulation 219
INACTIVE
This document is no longer current.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 2:219.Repeal of 301 KAR 2:224 and 301 KAR 2:226.
Section 1.
The following administrative regulations are hereby repealed:(1)
301 KAR 2:224, Waterfowl hunting zones; and(2)
301 KAR 2:226, Youth waterfowl, moorhen and gallinule hunting seasons.HISTORY: (49 Ky.R. 1376; eff. 5-30-2023.)
RICH STORM, Commissioner
APPROVED BY AGENCY: November 15, 2022
FILED WITH LRC: November 15, 2022 at 11:43 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 31, 2023, at 9:00 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 January 31, 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: CONTACT PERSON: Jenny Gilbert, Legislative Affairs, 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:
These administrative regulations establish hunting zones for migratory birds and establish special youth waterfowl seasons consistent with federal migratory bird hunting frameworks established in 50 C.F.R. Parts 20 and 21 according to the U.S. Fish and Wildlife Service (USFWS).
(b) The necessity of this administrative regulation:
The necessity of this administrative regulation is to establish the means by which migratory birds may be harvested in accordance with the USFWS.
(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 and to regulate bag limits. It also authorizes the department to make administrative regulations which apply to a limited area or to the entire state. KRS 150.600 (1) authorizes the department to regulate the taking of waterfowl on public and private land. This administrative regulation establishes requirements for the taking of waterfowl within the frameworks established by 50 C.F.R. Parts 20 and 21.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing the means by which migratory bird harvest may occur and how harvested birds are handled consistent with state, national, and international management goals.
(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 2:221 shall include updated sections to address the subject matter contained in these regulations, thus making these regulations outdated and redundant.
(c) How the amendment conforms to the content of the authorizing statutes:
The requirements of the authorizing statutes shall be addressed in the updates to 301 KAR 2:221.
(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 2:221 shall consolidate the regulatory requirements for waterfowl hunting 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 40,000 migratory bird hunters 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).
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Hunters will have fewer administrative regulations 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 migratory bird hunters.
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’s Divisions of Wildlife and Law Enforcement will be impacted by this administrative regulation.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 150.025(1), 150.600(1), 50 C.F.R. 20, 21.
(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.
(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?
No revenue will be generated by this administrative regulation during the first year.
(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?
No revenue will be generated during subsequent years.
(c) How much will it cost to administer this program for the first year?
There will be no additional costs to administer this program for the first year.
(d) How much will it cost to administer this program for subsequent years?
There will be no additional costs to administer this program for subsequent years.
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.
(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 the regulated entities in the first full year of this administrative regulation is in effect.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There will be no cost savings for the regulated entities in subsequent years this administrative regulation is in effect.
(c) How much will it cost the regulated entities for the first year?
There will be no cost for the regulated entities in the first full year of this administrative regulation is in effect.
(d) How much will it cost the regulated entities for subsequent years?
There will be no cost for the regulated entities in subsequent years this administrative regulation is in effect.
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)]. This administrative regulation will not have a major economic impact [as defined in KRS 13A.010(13)].
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
Wildlife and Fisheries, Federal Code of Regulations, 50 C.F.R. Part 20, Migratory Bird Hunting; Part 21, Migratory Bird Permits.
(2) State compliance standards.
The Department of Fish and Wildlife Resources sets migratory bird seasons and methods by which migratory birds may be harvested within the frameworks established by the U.S. Fish and Wildlife Service and published in 50 C.F.R. Parts 20 and 21.
(3) Minimum or uniform standards contained in the federal mandate.
50 C.F.R. Part 20 contains season frameworks for the earliest opening and latest closing date, the maximum number of days a species is open to hunting, and daily bag, possession limits and means by which migratory birds may be legally harvested. 50 C.F.R. Part 21 defines permits and the necessary requirements to hold and possess migratory game birds before, during, and after periods open for hunting and allows for the harvest and means of harvest of light geese under a conservation order season.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
Yes.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
The federal mandate defines the regulatory frameworks that a state may allow. States are permitted to be more restrictive but not more liberal in their respective regulations. State management objectives necessitate more restrictive regulations to protect local, regional and/or state populations of birds important to Kentucky’s waterfowl hunters.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 2:219.Repeal of 301 KAR 2:224 and 301 KAR 2:226.
Section 1.
The following administrative regulations are hereby repealed:(1)
301 KAR 2:224, Waterfowl hunting zones; and(2)
301 KAR 2:226, Youth waterfowl, moorhen and gallinule hunting seasons.HISTORY: (49 Ky.R. 1376; eff. 5-30-2023.)
RICH STORM, Commissioner
APPROVED BY AGENCY: November 15, 2022
FILED WITH LRC: November 15, 2022 at 11:43 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 31, 2023, at 9:00 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 January 31, 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: CONTACT PERSON: Jenny Gilbert, Legislative Affairs, 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:
These administrative regulations establish hunting zones for migratory birds and establish special youth waterfowl seasons consistent with federal migratory bird hunting frameworks established in 50 C.F.R. Parts 20 and 21 according to the U.S. Fish and Wildlife Service (USFWS).
(b) The necessity of this administrative regulation:
The necessity of this administrative regulation is to establish the means by which migratory birds may be harvested in accordance with the USFWS.
(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 and to regulate bag limits. It also authorizes the department to make administrative regulations which apply to a limited area or to the entire state. KRS 150.600 (1) authorizes the department to regulate the taking of waterfowl on public and private land. This administrative regulation establishes requirements for the taking of waterfowl within the frameworks established by 50 C.F.R. Parts 20 and 21.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing the means by which migratory bird harvest may occur and how harvested birds are handled consistent with state, national, and international management goals.
(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 2:221 shall include updated sections to address the subject matter contained in these regulations, thus making these regulations outdated and redundant.
(c) How the amendment conforms to the content of the authorizing statutes:
The requirements of the authorizing statutes shall be addressed in the updates to 301 KAR 2:221.
(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 2:221 shall consolidate the regulatory requirements for waterfowl hunting 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 40,000 migratory bird hunters 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).
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Hunters will have fewer administrative regulations 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 migratory bird hunters.
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’s Divisions of Wildlife and Law Enforcement will be impacted by this administrative regulation.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 150.025(1), 150.600(1), 50 C.F.R. 20, 21.
(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.
(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?
No revenue will be generated by this administrative regulation during the first year.
(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?
No revenue will be generated during subsequent years.
(c) How much will it cost to administer this program for the first year?
There will be no additional costs to administer this program for the first year.
(d) How much will it cost to administer this program for subsequent years?
There will be no additional costs to administer this program for subsequent years.
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.
(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 the regulated entities in the first full year of this administrative regulation is in effect.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There will be no cost savings for the regulated entities in subsequent years this administrative regulation is in effect.
(c) How much will it cost the regulated entities for the first year?
There will be no cost for the regulated entities in the first full year of this administrative regulation is in effect.
(d) How much will it cost the regulated entities for subsequent years?
There will be no cost for the regulated entities in subsequent years this administrative regulation is in effect.
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)]. This administrative regulation will not have a major economic impact [as defined in KRS 13A.010(13)].
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
Wildlife and Fisheries, Federal Code of Regulations, 50 C.F.R. Part 20, Migratory Bird Hunting; Part 21, Migratory Bird Permits.
(2) State compliance standards.
The Department of Fish and Wildlife Resources sets migratory bird seasons and methods by which migratory birds may be harvested within the frameworks established by the U.S. Fish and Wildlife Service and published in 50 C.F.R. Parts 20 and 21.
(3) Minimum or uniform standards contained in the federal mandate.
50 C.F.R. Part 20 contains season frameworks for the earliest opening and latest closing date, the maximum number of days a species is open to hunting, and daily bag, possession limits and means by which migratory birds may be legally harvested. 50 C.F.R. Part 21 defines permits and the necessary requirements to hold and possess migratory game birds before, during, and after periods open for hunting and allows for the harvest and means of harvest of light geese under a conservation order season.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
Yes.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
The federal mandate defines the regulatory frameworks that a state may allow. States are permitted to be more restrictive but not more liberal in their respective regulations. State management objectives necessitate more restrictive regulations to protect local, regional and/or state populations of birds important to Kentucky’s waterfowl hunters.