TOURISM, ARTS AND HERITAGE CABINET

Department of Fish and Wildlife Resources

(Repealer)

 

††††† 301 KAR 1:086. Repeal of 301 KAR 1:085.

 

††††† RELATES TO: KRS 150.025, 150.110, 150.170, 150.175, 150.520

††††† STATUTORY AUTHORITY: KRS 150.025(1), 150.520

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations governing the taking of wildlife. KRS 150.520 authorizes the department to regulate the taking, buying and selling of mussels and to require reporting of musseling operations. 301 KAR 1:085 is being repealed because commercial musseling is no longer legal in Kentucky.

 

††††† Section 1. 301 KAR 1:085, Mussel shell harvesting, is hereby repealed.

 

GREGORY K. JOHNSON, Commissioner

DON PARKINSON, Secretary

††††† APPROVED BY AGENCY: September 12, 2017

††††† FILED WITH LRC: September 14, 2017 at 11 a.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 24, 2017 at 9 a.m. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Sportsmanís 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, 2017. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

††††† CONTACT PERSON: Mark Cramer, 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: Mark Cramer

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes license requirements, seasons, size limits, open waters, and reporting requirements for musseling.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to properly manage the commercial harvest of freshwater mussels in Kentucky.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 150.025(1) authorizes the department to promulgate administrative regulations governing the taking of wildlife. KRS 150.520 authorizes the department to regulate the taking, buying and selling of mussels and to require reporting of musseling operations.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will carry out the purposes of KRS 150.025(1) and KRS 150.520 by limiting the number of persons who can harvest mussels, setting seasons and size limits on mussels, establishes requirements on methods of take and waters open to musseling, establishes reporting and harvest requirements for persons that harvest mussels, and regulates the buying and selling of mussels.

††††† (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 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: There are currently no licensed mussel harvesters 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: N/A

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): N/A

††††† (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 cost to the department initially.

††††† (b) On a continuing basis: There will be no cost on a continuing basis.

††††† (6) What is the source of the funding to be used for implementation and enforcement of this administrative regulation? The source of funding is the State 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. It will not be necessary to increase any other fees or increase funding to implement this administrative regulation.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No new fees will be established.

††††† (9) TIERING: Is tiering applied? No. Tiering is not applied because this administrative regulation is a repealer regulation.

 

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? The Department of Fish and Wildlife Resources Divisions of Fisheries and Law Enforcement will be impacted by this administrative 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 governing the taking of wildlife. KRS 150.520 authorizes the department to regulate the taking, buying and selling of mussels and to require reporting of musseling operations.

††††† (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 by this administrative regulation during the first year.

††††† (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 by this administrative regulation during subsequent years.

††††† (c) How much will it cost to administer this program for the first year? There will be no additional costs to administer this program for the first year.

††††† (d) How much will it cost to administer this program for subsequent years? There will be no additional costs to administer this program 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: