Title 301 | Chapter 003 | Regulation 027
PREVIOUS VERSION
The previous document that this document is based upon is available.
301 KAR 3:027.Hunting and fishing method exemptions for disabled persons.
Section 1.
Hunting or Fishing Method Exemptions for Persons with Disabilities.(1)
Persons whose physical disabilities make it impossible for them to hunt or fish by conventional methods may request a vehicle or crossbow hunting method exemption application from the department.(2)
A completed hunting method exemption application shall serve as the hunter's method exemption permit.(3)
A complete permit shall include:(a)
Name of the applicant-permittee;(b)
Address and phone number of the applicant-permittee;(c)
Attestation by a licensed physician as to the nature of the applicant-permittee's disability;(d)
Duration of the disability;(e)
Name and business address of the physician who attests to the hunter's disability; and(f)
Signature of the physician who attests to the hunter's disability.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Hunting Methods Exemption-Vehicle", 2002; and(b)
"Hunting Methods Exemption-Crossbow, 2002".(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.HISTORY: (21 Ky.R. 149; eff. 8-24-94; Am. 29 Ky.R. 519; eff. 10-9-2002; 48 Ky.R. 895; eff. 3-1-2022.)
RICH STORM, Commissioner
MIKE E. BERRY, Secretary
APPROVED BY AGENCY: July 14, 2021
FILED WITH LRC: August 5, 2021 at 9:27 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 26, 2021 at 11:00 a.m. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Sportsman’s Lane, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by five business days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. 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 attend the public hearing, you may submit written comments on the proposed administrative regulation through October 31, 2021. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Beth Frazee, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for persons with a disability to apply for hunting methods exemption permit.
(b) The necessity of this administrative regulation:
This administrative regulation is needed to meet the agency requirement to comply with the Americans with Disabilities Act and to establish the procedures for persons with a disability to apply for hunting methods exemption permit.
(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 carry out the purposes of KRS Chapter 150. The department is required to comply with the Americans with Disabilities Act.
(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 procedures for persons with a disability to apply for hunting methods exemption permit.
(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 cleans up and simplifies language in the ex-isting regulation.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary as part of the agencies continued efforts to update and simplify our regulations.
(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:
Disabled veterans hunting and/or fishing.
(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 needed to comply with this amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This amendment does not alter any costs for the entities in question (3).
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Methods for persons with a disability to apply for hunting methods exemption permit.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no additional cost to the agency to implement this administrative regulation.
(b) On a continuing basis:
There will be no additional cost to the agency 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 KDFWR 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:
Additional fees or funding for direct implementation of this regulation are not necessary as the regulation already exists.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation does not establish any fees nor does it indirectly increase any fees.
(9) TIERING: Is tiering applied?
No.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(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?
No state or local government units will be impacted by this change.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 150.025, 28 C.F.R. Parts 35, 36, 43 C.F.R. Part 17.
(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 for the state or local government.
(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 for state and local governments.
(c) How much will it cost to administer this program for the first year?
There will be no additional costs for the first year.
(d) How much will it cost to administer this program for subsequent years?
There will be no additional costs incurred 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:
301 KAR 3:027.Hunting and fishing method exemptions for disabled persons.
Section 1.
Hunting or Fishing Method Exemptions for Persons with Disabilities.(1)
Persons whose physical disabilities make it impossible for them to hunt or fish by conventional methods may request a vehicle or crossbow hunting method exemption application from the department.(2)
A completed hunting method exemption application shall serve as the hunter's method exemption permit.(3)
A complete permit shall include:(a)
Name of the applicant-permittee;(b)
Address and phone number of the applicant-permittee;(c)
Attestation by a licensed physician as to the nature of the applicant-permittee's disability;(d)
Duration of the disability;(e)
Name and business address of the physician who attests to the hunter's disability; and(f)
Signature of the physician who attests to the hunter's disability.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Hunting Methods Exemption-Vehicle", 2002; and(b)
"Hunting Methods Exemption-Crossbow, 2002".(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's LaneHISTORY: (21 Ky.R. 149; eff. 8-24-94; Am. 29 Ky.R. 519; eff. 10-9-2002; 48 Ky.R. 895; eff. 3-1-2022.)
RICH STORM, Commissioner
MIKE E. BERRY, Secretary
APPROVED BY AGENCY: July 14, 2021
FILED WITH LRC: August 5, 2021 at 9:27 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 26, 2021 at 11:00 a.m. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Sportsman’s Lane, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by five business days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. 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 attend the public hearing, you may submit written comments on the proposed administrative regulation through October 31, 2021. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Beth Frazee, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for persons with a disability to apply for hunting methods exemption permit.
(b) The necessity of this administrative regulation:
This administrative regulation is needed to meet the agency requirement to comply with the Americans with Disabilities Act and to establish the procedures for persons with a disability to apply for hunting methods exemption permit.
(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 carry out the purposes of KRS Chapter 150. The department is required to comply with the Americans with Disabilities Act.
(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 procedures for persons with a disability to apply for hunting methods exemption permit.
(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 cleans up and simplifies language in the ex-isting regulation.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary as part of the agencies continued efforts to update and simplify our regulations.
(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:
Disabled veterans hunting and/or fishing.
(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 needed to comply with this amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This amendment does not alter any costs for the entities in question (3).
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Methods for persons with a disability to apply for hunting methods exemption permit.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no additional cost to the agency to implement this administrative regulation.
(b) On a continuing basis:
There will be no additional cost to the agency 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 KDFWR 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:
Additional fees or funding for direct implementation of this regulation are not necessary as the regulation already exists.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation does not establish any fees nor does it indirectly increase any fees.
(9) TIERING: Is tiering applied?
No.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(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?
No state or local government units will be impacted by this change.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 150.025, 28 C.F.R. Parts 35, 36, 43 C.F.R. Part 17.
(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 for the state or local government.
(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 for state and local governments.
(c) How much will it cost to administer this program for the first year?
There will be no additional costs for the first year.
(d) How much will it cost to administer this program for subsequent years?
There will be no additional costs incurred 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: