PROPOSED

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TOURISM, ARTS AND HERITAGE CABINET

Department of Fish and Wildlife Resources

(New Administrative Regulation)

301 KAR 3:014.Repeal of 301 KAR 003:005 and 301 KAR 3:012.

RELATES TO:

KRS 150.170

STATUTORY AUTHORITY:

KRS 150.025, 150.0241, 150.620

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(g) authorizes the department to make administrative regulations apply to a limited area or to the entire state. KRS 150.0241 authorizes the department to impose and enforce special administrative regulations on lands managed for public hunting, fishing, and related recreational uses. KRS 150.620 requires the department to promulgate administrative regulations for the maintenance and operation of the lands it has acquired for public recreation.

Section 1.

The following administrative regulations are hereby repealed:

(1)

301 KAR 003:005, Public use of newly acquired or newly managed lands;

(2)

301 KAR 003:012, Public use of Otter Creek Outdoor Recreation Area.

APPROVED by the Fish and Wildlife Commission

RICH STORM, Commissioner

APPROVED BY AGENCY: September 14, 2026

FILED WITH LRC: September 14, 2026 at 12:30 p.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 24, 2026, at 1:00 p.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 November 30, 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: fw.publicaffairs@ky.gov

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person:

Jenny Gilbert, Phone: 502-564-3400, Email: fw.publicaffairs@ky.gov

Subject Headings:

Fish and Wildlife, Hunting, Conservation

(1) Provide a brief summary of:

(a) What this administrative regulation does:

This regulation repeals two regulations in Chapter 2.

(b) The necessity of this administrative regulation:

This administrative regulation is necessary to clean up old language and consolidate current policies and provisions.

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 150.620 requires the department to promulgate administrative regulations for the maintenance and operation of the lands it has acquired for public recreation.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:

This administrative regulation will simplify the regulations currently on file for the public in order to follow all regulations related to public access on lands owned or managed by the department.

(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 listed will be repealed.

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

The repeal is necessary as amendments to land usage have been included in other regulations within Chapter 3, thus making these regulations outdated and redundant. Otter Creek Recreational Area is now under ownership of Meade Co. and no longer needs provisions in KDFWR regulations.

The requirements of the authorizing statutes shall be addressed in the updates to 301 KAR 3:010 and 301 KAR 3:130.

(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 other relevant regulations shall consolidate the regulatory requirements for utilization of land owned or managed by the department that is not a WMA.

(3) Does this administrative regulation or amendment implement legislation from the previous five years?

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

Any individual, business, organization or government entity utilizing KDFWR owned or managed lands.

(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:

The public will need to reference other active administrative regulations to comply with current law.

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):

n/a

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

(a) Initially:

n/a

(b) On a continuing basis:

n/a

(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:

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

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

No new fees will be established.

(10) TIERING: Is tiering applied?

Tiering is not applied. n/a

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, 150.0241, 150.620

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

N/A

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

The Kentucky Department of Fish and Wildlife Resources

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

(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):

N/A

(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:

There is no fiscal impact associated with the repealed regulation.

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

No fees or loss of revenue is associated with the repealed regulation.

(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):

Same as 6 (a)

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

Same as 6 (b).