Title 301 | Chapter 005 | Regulation 210REG


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

301 KAR 5:210.Special agency fundraising permits.

Section 1.

Definitions.

(1)

"Elk hunt sweepstakes permit" means a permit, which allows the holder to harvest one (1) elk of either sex.

(2)

"Immediate family" means a person's spouse, mother, father, daughter, brother, sister, grandparent, or son.

(3)

"Premium combination big game permit" means a permit that allows the holder to lawfully take during the year of selection, one (1) elk of either sex and, in addition to the statewide harvest limits, the following species: one (1) deer of either sex, one (1) bear of either sex; and in the spring turkey season the year after selection, one (1) legal spring turkey.

(4)

"Proceeds" means the amount of money received from the sale of applications for special agency fundraising permits.

(5)

"Special Agency Fundraising Permit" means a Kentucky hunting permit subject to a special application and drawing process to select the holder, that includes privileges to take specified big game animals when used in conjunction with a statewide annual hunting license.

(6)

"Standard combination big game permit" means a permit that allows the holder to lawfully take, in addition to the statewide harvest limits, the following species: one (1) deer of either sex, one (1) bear of either sex, and one (1) legal spring turkey.

Section 2.

Application and Drawing Process.

(1)

The application period shall be August 1 of the year preceding through May 30 (midnight eastern time) of the year in which the drawing occurs.

(2)

An applicant shall:

(a)

Complete the application process on the department's Web site at fw.ky.gov; and

(b)

Pay the applicable nonrefundable application fee(s) for the permit(s) desired, as follows:

1.

For elk hunt sweepstakes permit and premium combination big game permits:

a.

Five (5) dollars for residents and ten (10) dollars for nonresidents for one (1) application;

b.

Ten (10) dollars for residents and twenty (20) dollars for nonresidents per bundle of three (3) applications; and

c.

Twenty-five (25) dollars for residents and fifty (50) dollars for nonresidents per bundle of ten (10) applications.

2.

For standard combination big game permits:

a.

Three (3) dollars for residents and six (6) dollars for nonresidents for one (1) application;

b.

Eight (8) dollars for residents and sixteen (16) dollars for nonresidents per bundle of three (3) applications; and

c.

Twenty (20) dollars for residents and forty (40) dollars for nonresidents per bundle of ten (10) applications.

(3)

An applicant may purchase an unlimited number of applications or bundles thereof.

(4)

The number of special agency fundraising permits available per year shall be: one (1) elk sweepstakes permit (for a resident or nonresident holder); one (1) premium combination big game permit (for a resident or nonresident holder); one (1) standard combination big game permit for a resident; and one (1) standard combination big game permit for a nonresident.

(5)

There shall be a random electronic drawing, conducted subsequent to the general elk hunt drawing each year, from among applications in each applicant pool for the corresponding special agency fundraising permits available for that fall's hunting seasons. Each drawing shall be sequential, with the elk hunt sweepstakes drawing conducted first, proceeded by the premium big game permit drawing second, and followed by the standard combination big game permit drawings for selection of resident and nonresident permit holders. If an individual applicant is selected for the elk hunt sweepstakes permit or the premium combination big game permit, upon selection that applicant shall be removed from the other special agency fundraising permits applicant pools prior to the drawings to determine the holders of those other permits.

(6)

The commissioner shall extend the application deadline if technical difficulties with the application system prevent applications from being accepted for one (1) or more days during the application period.

(7)

An applicant who is selected for a Kentucky elk hunt sweepstakes permit shall be ineligible to receive the elk hunt sweepstakes permit in a subsequent drawing.

(8)

A person subject to a waiting period resulting from being selected in the general Kentucky Elk Hunt Drawing shall be eligible to apply for special agency fundraising permits.

Section 3.

Issuance and Use of Permits.

(1)

Upon conclusion of the drawing process for special agency fundraising permits, the department shall announce the drawing results on the agency Web site and issue the permits to the recipients, subject to any applicable deferrals or transfers as described in Section 4 of this administrative regulation, prior to the first hunting season for which the permits are applicable.

(2)

A permit holder shall only take animals with legal hunting equipment and during the normal season dates for which take is otherwise allowed.

(3)

A permit holder shall carry proof of purchase of a valid Kentucky hunting license unless exempted from the requirement to be licensed by KRS 150.170.

(4)

Holder of a permit that allows take of an elk shall comply with the statewide bag limit of one (1) elk per hunter per license year and other requirements in 301 KAR 2:132.

(5)

The holder of a special agency fundraising permit that includes privileges to take elk may use the permit in any elk hunting unit open to hunting during any open elk hunting season on private land with permission from the landowner, or on department owned or managed lands that are the subject of public access agreements between the landowners and the department, but shall only use methods allowed during the season segment that is open as established in 301 KAR 2:132 while he or she is hunting.

Section 4.

Deferral or Transfer of Permits.

(1)

A recipient of a special agency fundraising permit that includes privileges to take elk in Kentucky may:

(a)

Defer use of the elk hunting privilege included in the permit for one (1) year if he or she has previously obtained an elk permit of any kind for use during the Kentucky elk hunting season to which the special agency fundraising permit pertains; or

(b)

Transfer use of the elk hunting privilege included in the permit to one (1) member of his or her immediate family for use during the hunting season(s) to which the permit pertains.

(2)

A holder wishing to transfer or defer use of the elk hunting privilege included in a permit shall contact the office of the commissioner in writing, no later than July 31 of the year in which he or she is selected through the drawing for the permit.

Section 5.

Goods or Services May Be Included. The department may obtain goods or services of interest to prospective applicants, through purchase, donation or sponsorship, to incentivize applications for a special agency fundraising permit. The recipient of the permit shall also receive applicable goods or services included in the drawing for a permit, as posted on the agency Web site, except that a recipient may refuse an applicable good or service at his or her choosing.

Section 6.

Use of Proceeds. Proceeds from the sale of special agency fundraising permits shall be deposited into the department's restricted Fish and Game Fund account and used solely for agency operational expenditures.

RICH STORM, Commissioner
APPROVED BY AGENCY: February 21, 2024
FILED WITH LRC: February 21, 2024 at 11:45 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 31, 2024, at 9:30 am., 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 May 31, 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 regulation will establish a limited number of special agency fundraising permits to hunt big game species, which will generate agency revenues through collection of drawing application fees.
(b) The necessity of this administrative regulation:
This regulation will enable the department to generate additional user fees to support agency programs without impacting the state’s General Fund.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation will operate within the statutory authority of defining permits and fees for sustainable take of wildlife.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will allow limited, additional opportunities for residents and nonresidents to pursue big game, in support of the department’s mission and with social, recreational and economic benefits to the Commonwealth.
(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:
Individual holders of licenses and permits, and applicants to obtain limited quota permits, to hunt big game in Kentucky number 200,000-300,000 per year.
(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:
Applicants may voluntarily submit applications for special agency fundraising permits from August 1 of the year preceding an applicable fall hunting season through May 30 of the hunt year. Recipients of permits awarded by random drawing will be required to follow applicable regulations such as seasons and methods for taking big game included in the permits.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Prices for applying to receive one of the permits created by this regulation range from $3.00 to $50.00 based upon residency status, the type of permit being applied for, and the number of entries being purchased.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Applicants will have special opportunities to be selected at random to hunt big game in Kentucky and receive donated/sponsored goods and services.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$5,000 per year
(b) On a continuing basis:
$5,000 per year
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Department will use agency revenues in the Fish and Game Fund to implement this regulation.
(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:
The regulation will not increase existing fees, but new funding derived from sales of applications will more than offset implementation cost.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The regulation will establish fees for voluntary applications for the drawing to award new special permits, as reflected in the regulation.
(9) TIERING: Is tiering applied?
No, tiering is unnecessary because any individual may participate voluntarily.

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 will be administering the special agency fundraising permit program and may contract with the Commonwealth Office of Technology or another third-party entity to conduct the special permit drawing.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 150.175 authorizes the department to establish game permits to be used in combination with a statewide hunting license or valid youth statewide license, and how those permits are to be used. KRS 150.195(1) requires the department to promulgate administrative regulations pertaining to the issuance of and other matters relating to licenses and permits issued by the department.
(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?
The Department projects revenue to exceed $100,000 for the first year that the special fundraising permits are available.
(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?
The Department anticipates that as public awareness grows and donations/sponsorships for products and services grow that revenue potential will increase significantly over time.
(c) How much will it cost to administer this program for the first year?
Department staff time for software development, plus contracting costs to conduct the drawing, are anticipated to total less than $5,000 in the first year.
(d) How much will it cost to administer this program for subsequent years?
Department staff time for software maintenance, plus contracting costs to conduct the drawing, are anticipated to total less than $5,000 in 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?
Not applicable.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Not applicable.
(c) How much will it cost the regulated entities for the first year?
Application fees for a single drawing entry will range from $3 for residents and $6 for nonresidents, to a bundle of 10 entries, at $25 for residents and $50 for nonresidents.
(d) How much will it cost the regulated entities for subsequent years?
Fees are not projected to increase for the foreseeable future.
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 on state or local government or individuals who may voluntarily participate in the special permit drawing program.

7-Year Expiration: 3/1/2031

Last Updated: 3/28/2024


Page Generated: 5/12/2023, 4:33:50 PM