TOURISM, ARTS AND HERITAGE CABINET

Department of Fish and Wildlife Resources

(Amendment)

 

††††† 301 KAR 1:130. Live bait for personal use.

 

††††† RELATES TO: KRS 150.010, 150.170, 150.175, 150.340, 150.450, 150.990

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

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)[KRS 105.025(1)] authorizes the department to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate creel limits and methods of take, and to make these requirements apply to a limited area. This administrative regulation establishes the requirements[procedures] for the taking of live bait for personal use.

 

††††† Section 1. Definitions. (1) "Different body of water" means a body of water that is separate and not contiguous to another body of water, including a man-made reservoir that is separated from a downstream river by a dam, but does not include a river, stream, or creek that is separated by a low-level dam.

††††† (2) "Live bait" means live bait fishes, crayfish, salamanders, frogs except bullfrogs, tadpoles, native lampreys, Asiatic clams (Genus Corbicula), and other aquatic invertebrate organisms except mussels.

††††† (3) "Live bait fishes" means:

††††† (a) Rough fishes, except blackside dace, palezone shiner, relict darter, Cumberland darter, and tuxedo darter; or

††††† (b) Redear sunfish less than six (6) inches in length.

††††† (4) "Sport fisherman" means a person holding a valid resident or nonresident fishing license and includes a person who is license exempt pursuant to KRS 150.170.

 

††††† Section 2. Equipment. (1) Any other organisms not defined as live bait pursuant to Section 1 of this administrative regulation shall be returned immediately to the water.

††††† (2) Live bait for personal use shall only be taken as established in paragraphs (a) through (d) of this subsection.

††††† (a) The maximum size seine for:

††††† 1. Take in the Ohio and Mississippi Rivers and Barkley and Kentucky Lakes shall be:

††††† a. Thirty (30) feet long;

††††† b. Six (6) feet deep; and

††††† c. With bar mesh no larger than one-fourth (1/4) of an inch; or

††††† 2. All other waters of the Commonwealth shall be:

††††† a. Ten (10) feet long;

††††† b. Four (4) feet deep; and

††††† c. With bar mesh no larger than one-fourth (1/4) of an inch.

††††† (b) The maximum size for a minnow trap shall be:

††††† 1. Three (3) feet long;

††††† 2. Eighteen (18) inches in diameter; and

††††† 3. With openings no larger than one (1) inch.

††††† (c) The maximum size for a dip net shall be three (3) feet in diameter[, and shall only be allowed in the following waters:

††††† 1. Ohio River;

††††† 2. Tennessee River;

††††† 3. Mississippi River;

††††† 4. Cumberland River below Barkley Dam;

††††† 5. Kentucky River below Lock Number Fourteen (14); and

††††† 6. All lakes over 1,000 acres].

††††† (d) The maximum size for a[sport] cast net[on a statewide basis] shall be twenty (20) feet in diameter with one (1) inch bar mesh, except take shall be prohibited in the following bodies of water:

††††† 1. Lakes with a surface area of less than 500 acres; and

††††† 2. Hatchery Creek in Russell County, a tributary to the Cumberland River located below Wolf Creek Dam.

 

††††† Section 3. Bait. (1) A mussel, except for an Asiatic clam, shall not be taken or used as bait.

††††† (2) A sport fisherman shall not possess bait in an amount greater than the following:

††††† (a) 500 live bait fishes;

††††† (b) 500 crayfish;

††††† (c) Twenty-five (25) dusky salamanders of the genus Desmognathus;

††††† (d) Five (5) frogs, except bullfrogs;

††††† (e) Five (5) tadpoles;

††††† (f) 100 native lampreys; or

††††† (g) 500 aquatic invertebrates other than mussels, excluding Asiatic clams.

 

††††† Section 4. Possession and Movement of Live Bait for Personal Use. (1) A person possessing live wild-caught shad or herring shall:

††††† (a) Only use live wild-caught shad or herring in the water body from which they were collected; and

††††† (b) Not transport live wild-caught shad or herring from the body in which they were collected to:

††††† 1. A different body of water; or

††††† 2. The same body of water if it involves transporting the shad or herring via a Kentucky roadway.

††††† (2) A person may possess or transport live shad or herring if the person legally purchased the shad or herring from a licensed bait dealer and possesses a valid receipt of the purchase that includes the:

††††† (a) Species of fish;

††††† (b) Quantity of fish;

††††† (c) Amount of the transaction; and

††††† (d) Date of purchase.

††††† (3) Prohibited aquatic species, as established in 301 KAR 1:122, shall not be possessed or used as live bait.

 

GREGORY K. JOHNSON, Commissioner

REGINA STIVERS, Deputy Secretary

††††† For DON PARKINSON, Secretary

††††† APPROVED BY AGENCY: August 1, 2017

††††† FILED WITH LRC: August 14, 2017 at 10 a.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 25, 2017 at 10:00 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 September 30, 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 the requirements for the taking of live bait for personal use.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to effectively manage the fish populations of Kentucky.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 150.025(1) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate creel limits and methods of take, and to make these requirements apply to a limited area.

††††† (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) by regulating the amount of live bait, the size or types of devices used for taking live bait, and the places where the taking of live bait is permitted.

††††† (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 will make the use of dip nets for collection of live bait legal statewide.

††††† (b) The necessity of the amendment to this administrative regulation: The use of dip nets to collect live bait will not have any biological impacts in those areas protected under current regulation. This amendment will make it easier for anglers to collect live bait for personal use.

††††† (c) How the amendment conforms to 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: All individuals who collect live bait for personal use could be affected by this amendment. Currently, the number of people who collect live bait for personal use in Kentucky is unknown.

††††† (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: Anglers will now be able to use dip nets statewide for the collection of live bait for personal use.

††††† (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 additional costs to those entities identified in question (3).

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): It will now be easier for anglers to collect live bait across the state.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

††††† (a) Initially: This administrative regulation change will result in no initial change in administrative cost to the Department.

††††† (b) On a continuing basis: There will be no additional 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 to this regulation because all people who collect live bait for personal use must abide by the same requirements.

 

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 Resourcesí 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 to establish seasons for the taking of fish and wildlife, to regulate creel limits and methods of take, and to make these requirements apply to a limited area.

††††† (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: