Title 301 | Chapter 003 | Regulation 140REG
PROPOSED
This document is not yet current.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 3:140.Take of Wildlife with Aircraft Prohibited.
Section 1.
Unlawful use of aircraft or unmanned aircraft(1)
It shall be unlawful at any time for any person to use an aircraft or unmanned aircraft system:(a)
To fish, hunt, or take wildlife or to drive or herd any wildlife for the purpose of fishing, hunting, or taking; or(b)
To harass any wildlife.(2)
Except aircraft or unmanned aircraft systems may be used by:(a)
Department employees and contractors or agents acting on behalf of the Department when addressing human safety, law enforcement, research, management, or other needs approved by the department;(b)
Authorized landowners or their agents to engage in lawful wildlife damage control activities; and(c)
Commercial fishers for use in locating or removing invasive carp.Approved by the Fish and Wildlife Commission:
RICH STORM, Commissioner
APPROVED BY AGENCY: May 2, 2025
FILED WITH LRC: May 2, 2025 at 2:45 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 31, 2025, at 12:30 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 July 31, 2025. 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
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the use of aircraft or unmanned aircraft for the taking of wildlife.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to effectively manage wildlife populations in Kentucky, specifically with the growing use of technology available for outdoor recreation.
(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 150.360(2) authorizes the department to restrict methods of taking wildlife.
(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 statutes by establishing requirements for the use of aircraft in the field.
(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:
n/a
(b) The necessity of the amendment to this administrative regulation:
n/a
(c) How the amendment conforms to the content of the authorizing statutes:
n/a
(d) How the amendment will assist in the effective administration of the statutes:
n/a
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Any individual interested in the use of aircraft to aid in hunting or fishing in Kentucky.
(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:
Individuals will have to follow regulations in place for the use of aircraft while hunting or fishing in Kentucky.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
n/a
(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 continual basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The state Fish and Game 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:
There will not be an increase in fees or funding to implement this amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish fees nor does it indirectly increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied as all hunters and anglers are subject to the same restrictions.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
. 150.010, 150.025, KRS 150.360(2), C.F.R. 742
(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:
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:
There is no expenditure from this amendment in the first year.
For subsequent years:
There is no expenditure from this amendment in subsequent years.
2. Revenues:
For the first year:
This amendment will not generate revenue in the first year.
For subsequent years:
This amendment will not generate revenue in subsequent years.
3. Cost Savings:
For the first year:
There is no cost savings realized for the first year.
For subsequent years:
There is no cost savings realized in subsequent years.
(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:
N/A
(b) Methodology and resources used to reach this conclusion:
N/A
(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(13):
There will be no major economic impact related to this amendment.
(b) The methodology and resources used to reach this conclusion:
The experience and expertise of staff in the wildlife and law enforcement division along with discussions with state government counterparts in the southeast region related to their handling of this topic helped KDFWR staff evaluate the impact on the public.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 3:140.Take of Wildlife with Aircraft Prohibited.
Section 1.
Unlawful use of aircraft or unmanned aircraft(1)
It shall be unlawful at any time for any person to use an aircraft or unmanned aircraft system:(a)
To fish, hunt, or take wildlife or to drive or herd any wildlife for the purpose of fishing, hunting, or taking; or(b)
To harass any wildlife.(2)
Except aircraft or unmanned aircraft systems may be used by:(a)
Department employees and contractors or agents acting on behalf of the Department when addressing human safety, law enforcement, research, management, or other needs approved by the department;(b)
Authorized landowners or their agents to engage in lawful wildlife damage control activities; and(c)
Commercial fishers for use in locating or removing invasive carp.Approved by the Fish and Wildlife Commission:
RICH STORM, Commissioner
APPROVED BY AGENCY: May 2, 2025
FILED WITH LRC: May 2, 2025 at 2:45 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 31, 2025, at 12:30 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 July 31, 2025. 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
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the use of aircraft or unmanned aircraft for the taking of wildlife.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to effectively manage wildlife populations in Kentucky, specifically with the growing use of technology available for outdoor recreation.
(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 150.360(2) authorizes the department to restrict methods of taking wildlife.
(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 statutes by establishing requirements for the use of aircraft in the field.
(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:
n/a
(b) The necessity of the amendment to this administrative regulation:
n/a
(c) How the amendment conforms to the content of the authorizing statutes:
n/a
(d) How the amendment will assist in the effective administration of the statutes:
n/a
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Any individual interested in the use of aircraft to aid in hunting or fishing in Kentucky.
(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:
Individuals will have to follow regulations in place for the use of aircraft while hunting or fishing in Kentucky.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
n/a
(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 continual basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The state Fish and Game 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:
There will not be an increase in fees or funding to implement this amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish fees nor does it indirectly increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied as all hunters and anglers are subject to the same restrictions.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
. 150.010, 150.025, KRS 150.360(2), C.F.R. 742
(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:
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:
There is no expenditure from this amendment in the first year.
For subsequent years:
There is no expenditure from this amendment in subsequent years.
2. Revenues:
For the first year:
This amendment will not generate revenue in the first year.
For subsequent years:
This amendment will not generate revenue in subsequent years.
3. Cost Savings:
For the first year:
There is no cost savings realized for the first year.
For subsequent years:
There is no cost savings realized in subsequent years.
(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:
N/A
(b) Methodology and resources used to reach this conclusion:
N/A
(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(13):
There will be no major economic impact related to this amendment.
(b) The methodology and resources used to reach this conclusion:
The experience and expertise of staff in the wildlife and law enforcement division along with discussions with state government counterparts in the southeast region related to their handling of this topic helped KDFWR staff evaluate the impact on the public.