Title 301 | Chapter 003 | Regulation 130REG


PROPOSED
This document is not yet current.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)

301 KAR 3:130.Public use of conservation camp properties.

Section 1.

Definitions.

(1)

"Adult" means a person who is at least eighteen (18) years of age.

(2)

"Bait" means:

(a)

A substance composed of grains, minerals, salt, fruits, vegetables, hay, or any other food materials, whether natural or manufactured, that could lure, entice, or attract wildlife; and

(b)

Does not mean the establishment and maintenance of plantings for wildlife, foods found scattered solely as the result of normal agricultural planting or harvesting practices, foods available to wildlife through normal agricultural practices of livestock feeding if the areas are occupied by livestock actively consuming the feed on a daily basis, or standing farm crops under normal agricultural practices.

(3)

"Conservation camp" means a tract of land:

(a)

Controlled by the department through ownership, lease, license or cooperative agreement; and

(b)

That is utilized to host summer conservation camps for Kentucky children.

(4)

"Event" means a boating, fishing, hunting, shooting, or trapping activity, conducted by the department.

(5)

"Experienced" means a person who has often participated in a particular activity in the past and is well versed in the techniques, equipment, and safety concerns for the activity.

(6)

"Injurious substance" means a substance which may be injurious to aquatic life, wildlife, or wildlife habitat.

(7)

"Mentee" means a youth or novice adult hunter, trapper or angler that is participating or going to participate in a mentored event.

(8)

"Mentor" means an adult, experienced in the type of activity that is to occur at an event, who must submit to and pass a background check prior to accompanying a mentee during a mentored event.

(9)

"Mentored event" means an event during a statewide season in which mentors accompany mentees.

(10)

"Mobility-impaired" means an individual who meets the requirements of 301 KAR 3:026, Section 2(1).

(11)

"Novice" means a person who has not held the applicable license for an event activity for more than two (2) license years in total, has not held the applicable license for an event activity within the past five (5) years, has not successfully harvested the targeted species for an event within the past five (5) years, or for shooting and boating activities, has not participated in the activity more than five (5) times within the past five (5) years.

(12)

"Participant" means an individual who engages in boating, fishing, hunting, shooting, or trapping, as part of an event.

(13)

"Youth" means a person fifteen (15) years old or younger on the date of their license purchase.

Section 2.

General Requirements.

(1)

Unless established in this administrative regulation, statewide requirements shall apply.

(2)

A person shall only hunt or trap in the area assigned to them by department staff.

(3)

While upon a conservation camp property, a person shall not:

(a)

Enter a portion of a conservation camp property designated by signage as closed to public access.

(b)

Camp, except in a designated area.

(c)

Place or distribute bait or otherwise participate in baiting wildlife on a conservation camp property.

(d)

Hunt over bait.

(e)

Possess or be under the influence of alcohol or illicit substances, as established in KRS 351.010, at any time while on conservation camp property.

(4)

Only individuals who possess valid hunter education certification may participate in a hunting or trapping event.

Section 3.

Mentored Events.

(1)

Unless license exempt, as established in KRS 150.170, the mentee shall abide by any license requirements and daily harvest and possession limits.

(2)

A mentor shall:

(a)

Accompany a mentee;

(b)

Remain in a position at all times to take immediate control of a mentee's bow, crossbow, firearm or any equipment used to legally hunt, trap or fish;

(c)

Not be required to possess a hunting license or related permits, if only assisting the mentee.

(3)

A mentee shall:

(a)

Accompany a mentor;

(b)

Remain in a position at all times so that the mentor may take immediate control of the mentee's bow, crossbow, firearm or any equipment used to legally hunt, trap or fish; and

(c)

Possess all required licenses and permits.

Section 4.

Mobility-impaired individuals.

(1)

Individuals who are participating in an event, possess a Mobility-impaired Access Permit, as established in 301 KAR 3:026, and carry the permit on their person during the event, shall be allowed, if otherwise qualified to do so at the event, to do the following acts:

(a)

Discharge of a firearm or other legal hunting device from a motor vehicle if the vehicle is motionless and has its engine turned off. The motor vehicle shall be used as a place to wait or watch for game and shall not be used to chase, pursue, or drive game.

(b)

May operate electric wheelchairs, ATV's, and other passenger vehicles on or off gated, ungated, or open-gated roads otherwise closed to vehicular traffic, but the individual shall do so only on designated portions of camp property.

(2)

ATV users shall adhere to manufacturer recommendations while utilizing ATVs on camp property.

(3)

A mentee or mentor accompanying a mobility-impaired individual during an event shall be permitted to:

(a)

Track and dispatch a wounded animal;

(b)

Retrieve an animal; or

(c)

Render other assistance in accordance with KRS Chapter 150 and 301 KAR Chapters 2 and 3.

(4)

A mentee or mentor accompanying a mobility-impaired individual during an event shall not:

(a)

Operate his or her own ATV; or

(b)

Hunt or shoot from an ATV.

Section 5.

General Requirements on Federally Owned Areas.

(1)

Unless established in this administrative regulation, statewide requirements shall apply.

(2)

A person shall:

(a)

Not hunt except on assigned dates and in assigned areas; and

(b)

Comply with all requirements established by the agency controlling the area.

RICH STORM, Commissioner
APPROVED BY AGENCY: February 13, 2024
FILED WITH LRC: February 14, 2024 at 1:35 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on April 30, 2024, at 10:00 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 April 30, 2024. 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, 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:
This administrative regulation establishes procedures to allow individuals meeting defined criteria for mentored events to boat, fish, hunt, shoot, or trap as part of a department-approved activity or program. KRS 150.0241 authorizes the department to impose and enforce special administrative regulations on lands managed for public hunting, fishing, and related recreational uses. This administrative regulation prohibits certain actions inconsistent with the intended purpose of conservation camp properties, establishes requirements for other uses, and stipulates the guidelines for participation in events.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish guidelines under which the department may operate special mentored events on conservation camp properties.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025(e) authorizes the department to regulate or restrict the places were taking is permitted. 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. This administrative regulation prohibits certain actions inconsistent with the intended purpose of conservation camp properties, establishes requirements for other uses, and stipulates the guidelines for participation in events.
(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 increasing opportunity for prospective or lapsed hunters and anglers to acquire skills that will encourage them to become regular participants in these activities and other forms of outdoor recreation.
(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:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All individuals who participate in the department sponsored mentored events as either a mentor or mentee. It is estimated each event will have no more than 30 participants.
(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 one will be required to take any action to comply with the regulation. Those individuals wishing to participate in the department sponsored mentored events will have to contact the department.
(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 cost to comply with the regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Those individuals that participate in the mentored events will benefit from fellowship with the other participants, the opportunity to get outdoors and enjoy the event, and mentees will receive valuable experience in the event activities.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Initially, there will be minimal added cost to the administrative body. The added expense will be in materials and supplies. For example, materials for the marking of activity areas, expendable equipment (ammunition, bait, tackle, etc.), and catering picnic style meals as necessary for participants. It is estimated each event will cost under one-thousand dollars ($1,000).
(b) On a continuing basis:
On a continuing basis, each event will cost under one-thousand dollars ($1,000) in materials and supplies.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The source of funding will be a combination of federal and state fish and game funds.
(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 fees or funding to implement this administrative regulation.
(8) 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, nor does it indirectly increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied. While individuals may qualify to participate as a mentor or as a mentee based upon their knowledge and experience, all mentors are treated the same and all mentees are treated the same.

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 Kentucky Department of Fish and Wildlife Resources' Division of Information and Education will be impacted by this 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) authorizes the department to promulgate administrative regulations necessary to carry out the purposes of KRS Chapter 150. KRS 150.179(2) authorizes the department to approve certain special events that provide education or appreciation of the recreational activity. 43 C.F.R. Part 17 and 28 C.F.R. parts 35 and 36 mandate that state government agencies comply with the Americans with Disabilities Act.
(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?
This administrative regulation may generate additional income through license sales for those participating in the events. As it is unknown how many participants may otherwise purchase licenses without the events, the specific amount of revenue generated is unknown. It is estimated that no more than five-hundred dollars ($500) will be generated by the event initially. Through exposure to such events, it is the department’s hope to create long-term or lifelong customers.
(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?
Revenue generation in subsequent years would also be estimated at no more than five-hundred dollars ($500) by each event in subsequent years. Through exposure to such mentored events, it is the department’s hope to create long-term or lifelong customers.
(c) How much will it cost to administer this program for the first year?
The cost of administering this program for the first year is estimated as under three thousand dollars ($3,000)
(d) How much will it cost to administer this program for subsequent years?
It is estimated administering this program in subsequent years will cost under three thousand dollars ($3,000) subject to the possibility of increasing the frequency of events based upon demand.
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 regulated individuals in the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There will be no cost savings for regulated individuals in the subsequent years.
(c) How much will it cost the regulated entities for the first year?
There will be no cost for regulated individuals in the first year.
(d) How much will it cost the regulated entities for subsequent years?
There will be no cost for regulated individuals in subsequent years.
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 regulation will not have a major economic impact as the annual cost will be minimal while increasing exposure to the mentored activities. The mentees’ exposure to the activities is expected to increase license sales and create long term or lifelong customers, likely offsetting the minimal expenses.

7-Year Expiration: 2/21/2031

Last Updated: 2/23/2024


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