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The Department of Fish and Wildlife Resources currently has the following proposed amendments to our administrative regulations filed and pending or recently enacted. For filed and pending amendments, persons interested in commenting after reviewing these pending amendments should contact the department per instructions at the end of each regulation. Proposed changes are indicated by strike-through marks over deleted text, and underlines for added or moved text.
Title 301 | Chapter 001 - Fish
This new administrative regulation establishes definitions for terms used in 301 KAR Chapter 1. This administrative regulation is necessary to avoid confusion when interpreting the meaning of terms used in 301 KAR Chapter 1 - Fish.
This administrative regulation establishes the requirements for obtaining a permit to propagate aquatic organisms and the associated requirements for all permit holders and is necessary to establish minimum standards for fisheries propagation permit holders to help conserve native aquatic resources. This amendment further clarifies the department may deny a propagation permit of aquatic organisms that are determined to be potentially damaging to Kentucky’s native ecosystems. It also cleans up language pertaining the KRS 13B hearing process.
This administrative regulation establishes the species of aquatic life which are prohibited in the Commonwealth and is necessary to protect Kentucky’s fish populations from the damaging effects of invasive fish species. This amendment will allow individuals of any aquatic species, to be immediately released back into the water body from which they are caught, restrict transportation and sale of live tilapia species for food consumption only, add “possess” to the prohibited actions pertaining to live invasive carp species, allow sport fishing anglers to possess, transport, and sell invasive carp if they are not in water, are dead or dying (replaces the word “moribund”), and are being transported to a fish processing facility. Finally, this amendment clarifies that goldfish may be used as bait.
This administrative regulation controls the transportation of fish, fish eggs, live bait and other aquatic organisms into, through, and within the state and is necessary to protect the resident fish populations of Kentucky by preventing the unwanted spread of invasive aquatic organisms or diseases. This amendment clarifies the department may deny a transportation permit for transportation of aquatic organisms that are determined to be potentially damaging to Kentucky’s native ecosystems. A non-substantive change was also made to the material incorporated by reference.
This administrative regulation sets forth the conditions and provisions for a special commercial fishery using gill and trammel nets at Kentucky and Barkley lakes and is necessary to specify the waters open to, and other restrictions on the use of, gill and trammel nets at Kentucky and Barkley lakes. This amendment addresses a cleanup where “The Monthly Report of Commercial Fish Harvest in Kentucky” had been revised multiple times since 2008 (2014, 2019, and 2023 (submitted to LRC in December) and changes had been accounted for in 301 KAR 1:155. However, the reference to the same document in this administrative regulation was never changed and still refers to the 2008 document which is no longer being used. In addition, this amendment removes the definition section due to the creation of 301 KAR 1:001, which contains definitions for all 301 KAR 1 regulations.
This administrative regulation establishes the legal methods that may be used by commercial fishers to harvest rough fish and is necessary to specify the types of legal gear that may be used by commercial fishers to harvest rough fish from waters open to commercial fishing. This amendment addresses several concerns about the current use of trotlines for commercial fishing, including requiring the tagging of trotlines at both ends and every 100 feet, reducing single trot line length from 6000 feet to 1000 feet, and requiring commercial trot lines to be set at least three feet under the surface of the water. In addition, the definitions section for this regulation was removed due to the creation of 301 KAR 1:001 which contains definitions for all 301 KAR 1 regulations.
This administrative regulation establishes commercial fishing requirements, protects certain species from overharvest, and regulates the buying and selling of roe-bearing species of rough fish. The regulation is necessary to effectively manage rough fish populations in Kentucky. This amendment removes the definition section due to the creation of 301 KAR 1:001 which contains definitions for all 301 KAR 1 regulations, aligns trophy catfish harvest regulations with recreational fishing catfish regulations, removes tributaries to the Ohio River from open waters for Lower Ohio River Trophy Catfish harvest for special permit holders below Cannelton Lock and Dam on the Ohio River, provides minor edits to the Monthly Report of Commercial Fish Harvest in Kentucky, which is incorporated by reference, and cleans up some non-substantive text throughout the regulation. By aligning the commercial and recreational fishing regulations for trophy catfish, better protection of these large catfish is provided to prevent overharvest. The removal of tributaries to the Ohio River below Cannelton Lock and Dam is based on trophy catfish abundance and declining harvest and use of these tributaries over the last ten years. It will provide better protection of these tributary trophy catfish populations. Finally, to make it easier to fill out the Monthly Report of Commercial Fish Harvest in Kentucky document, which is incorporated by reference, some formatting changes were made.
This administrative regulation establishes size limits, daily creel limits, and possession limits for sport fish that may be taken from Kentucky waters and is necessary to properly manage the sport fish populations of Kentucky. This amendment changes the size limit for Largemouth and Smallmouth bass at Grayson Lake from a 15-inch minimum size limit to a 12- to 15-inch slot size limit. This amendment also removes the 12-inch catfish size limit from a list of 93 lakes and pond incorporated by reference. In addition, Lake Mingo was removed from the special regulation section (Section 2) because it was a redundant regulation that is already covered in Section 6 (Lake Mingo is on the list incorporated by reference for this section). Finally, Three Springs Lake’s name was changed to Jesse W. Thornton Lake in the “Special Lakes and Ponds” list which is incorporated by reference. This was required due to Warren County making the name change. One other non-substantive cleanup was made to the “Special Lakes and Ponds” list.
This amendment will update the "Material Incorporated by Reference" portion of the regulation to reflect the newest edition of the publication used to assess fill kill replacement values. The current administrative regulation to assess the replacement values of fish killed in violation of KRS 150.460 (1) or (3) references an outdated edition of the American Fisheries Society publication. This amendment will reference the 2017 edition, which is American Fisheries Society Special Publication 35, "Investigation and Monetary Values of Fish and Freshwater Mollusk Kills."
This administrative regulation establishes the procedures for taking sport and rough fish by nontraditional fishing methods and is necessary to effectively manage the fish populations of Kentucky and to provide for reasonable recreational fishing opportunities. This amendment adds Yatesville Lake to the list of lakes where anglers can only keep one blue catfish or channel catfish over 25 inches per day when hand grabbing. This amendment also removes the definitions section due to creation of a new definitions regulation (301 KAR 1:001), and changes “daily creel limit” to “daily limit” throughout the regulation to match the new definitions regulation (301 KAR 1:001). Finally, the word “Asian” has been replaced with “invasive” when referring to the invasive carp species.
Title 301 | Chapter 002 - Game
This administrative regulation establishes restrictions on the feeding of wildlife that help to protect wildlife from disease and toxic substances as well as concentrated predation, which may cause harm to affected wildlife populations. A recent amendment corrected language that was previously filed to establish feeding and baiting restrictions specific to the CWD zone but were instead inadvertently added to the broader definition of feeding; salt, minerals and other food products are prohibited in addition to grains and feeds within a CWD Surveillance Zone. The statewide prohibition on feeding of wildlife now extends March 1-July 31, although salt and minerals may be used for wildlife year-round outside of the 5-county CWD Surveillance Zone.
This administrative regulation establishes the requirements for commercial hunting and fishing guides and is necessary to establish minimum regulatory standards and qualifications for commercial guides. This amendment creates a requirement that all commercial guide license holders report to the department information related to their guiding activity, establishes parameters for the revocation of the license if the report is not submitted, updates the commercial guide application that is incorporated by reference and clarifies the definition of a commercial guide.
This administrative regulation is necessary to provide reasonable standards for those who rehabilitate wildlife in Kentucky. These amendments will define the Chronic Wasting Disease (CWD) Zone and prohibit cervids from being rehabilitated when obtained within the zone. This amendment will also protect public health by placing added restrictions on the handling of rabies vector species, prevent the spread of wildlife diseases by limiting movement across the state, and improve care for wildlife by requiring training before a permit is issued.
This administrative regulation is necessary to provide a defined process for the holding and transportation of live native wildlife. These processes are necessary to provide for the health and welfare of native wildlife and the safety of Kentucky citizens. These amendments will develop an online permitting system, expand the department’s ability to deny or revoke a permit, clarify who is required to purchase a commercial wildlife permit, waive the fee for government agencies doing legitimate wildlife conservation, clarify that each non-contiguous captive wildlife facility needs a separate permit, prohibit the possession of eastern hellbender, eastern spotted skunk, Kirtland’s snake, bobcats, Copperbelly water snake, rabies vector species, and bats, update the prohibited species exemption section, and provide grandfathering for previously held prohibited wildlife species.
This administrative regulation is necessary to provide a defined process for the holding and transportation of live exotic wildlife. These processes are necessary to provide for the protection of our native ecosystem, the health and welfare of native wildlife from disease, and the safety of Kentucky citizens. These amendments will develop an online permitting system, expand the department’s ability to deny or revoke a permit, prohibit the importation and possession of wild rabbits, hares, pikas and lynx species, improve protections from rabies meeting statutory requirements, update the prohibited species exemption section, and provide grandfathering for previously held legal prohibited wildlife species.
This regulation establishes the manner in which captive cervids may be held in captivity or moved within the state. This amendment references a new regulation by the Kentucky Department of Agriculture (KDA). 302 KAR 20:066 was repealed and a new regulation, 302 KAR 22:150 was promulgated and is now referenced. This amendment ensures KDFWR is referencing the proper KDA regulation within ours for the captive cervid program.
This administrative regulation establishes means by which migratory game birds may be taken to remain consistent with federal migratory bird hunting frameworks established in 50 C.F.R. Parts 20 and 21 according to the U.S. Fish and Wildlife Service (USFWS). This amendment will add descriptions of the type of shotgun shells which may be used to harvest waterfowl. This provision, with no changes, is being moved from 301 KAR 2:222 as the language is more appropriately outlined in this regulation because the rules apply to all waterfowl hunting not just hunting on public lands. This amendment is a “clean up” item.
This administrative regulation is necessary to prevent the importation of cervid parts most likely to be contaminated with the agent that causes Chronic Wasting Disease (CWD) and lagomorph carcasses potentially infected with rabbit hemorrhagic disease (RHDV2). This administrative regulation will assist in the administration of the statutes by helping to protect the state’s deer, elk and lagomorph populations from CWD and RHDV2.
This administrative regulation establishes all the requirements for elk hunting, the procedures for elk damage abatement, and is necessary to effectively manage elk populations in Kentucky, while providing optimal elk hunting and tourism opportunities. This amendment will allow for the pooling of Voucher Cooperator and Elk Restoration permit points used towards an elk permit. Additionally, this amendment will adjust the Loyalty Redraw system from consecutive years to cumulative years.
This regulation establishes season dates, shooting hours, and other requirements for spring wild turkey hunting in Kentucky. This amendment will add a definition of “legal wild turkey” for pursuit and take during the spring hunting season. Subsequently, the amendment will change requirements for spring turkey hunting to reference “legal wild turkey”. Most importantly, the amendment will change the bag limit for WMAs to be one legal wild turkey taken per hunter per WMA per season statewide except on certain military installations. Lastly, the amendment will add language clarifying that turkey hunting requirements in this regulation reference the spring hunting season.
This regulation establishes season dates, shooting hours, and other requirements for spring wild turkey hunting in Kentucky. This amendment will add a definition of “legal wild turkey” for pursuit and take during the spring hunting season. Subsequently, the amendment will change requirements for spring turkey hunting to reference “legal wild turkey”. Most importantly, the amendment will change the bag limit for WMAs to be one legal wild turkey taken per hunter per WMA per season statewide except on certain military installations. Lastly, the amendment will add language clarifying that turkey hunting requirements in this regulation reference the spring hunting season.
This regulation establishes season dates, shooting hours, and other requirements during the fall wild turkey hunting season for the effective management of the species. This amendment adjusts limits on taking wild turkeys during fall hunting seasons, including the reduction in bag limit and the addition of a distance-from-bait hunting requirement.
This administrative regulation establishes the manner in which white-tailed deer may be harvested in Kentucky. Deer are a public resource entrusted to the state for management. As such, there must be regulations in place to control the method and manner in which deer may be taken. This amendment changes the deer hunting zone designation of Simpson County from a Zone 3 to a Zone 2. The necessity of the amendment for zone designation of Simpson County is due to increasing deer population in this area and will allow the KDFWR to more effectively manage the deer population via a liberalization of the bag limit.
This administrative regulation establishes the manner in which white-tailed deer may be taken in Kentucky on public land. Deer are a public resource entrusted to the state for management. As such, there must be regulations in place to control the method and manner in which deer may be taken. This amendment removes two additive hunts where the deer densities are below objective, changes the preference point option from female to antlerless deer, and establishes new requirements when utilizing portable stands on public properties.
This administrative regulation establishes hunter requirements for Kentucky hunters and is necessary to establish minimum standards for responsible and safe hunting. This amendment will allow hunters who have successfully completed hunter education to no longer carry a physical card for proof of successful course completion but still require hunters to have documentation of course completion. Additionally, this amendment conforms to this regulation for a change in KRS 150.170 to exempt current and former members of the Armed Forces and certified peace officers from the live-fire component of the hunter education course. It also allows hunters required to have hunter education to have multiple ways to demonstrate course completion besides carrying a physical card only.
These administrative regulations establish hunting zones for migratory birds and establish special youth waterfowl seasons consistent with federal migratory bird hunting frameworks established in 50 C.F.R. Parts 20 and 21, according to the U.S. Fish and Wildlife Service (USFWS). The repeal is necessary as the amendments to 301 KAR 2:221 shall include updated sections to address the subject matter contained in these regulations, thus making these regulations outdated and redundant.
This administrative regulation establishes waterfowl seasons and bag limits within federal migratory bird hunting frameworks established in 50 CFR Parts 20 and 21 according to the U.S. Fish and Wildlife Service (USFWS). This amendment will change the closing date for falconry waterfowl season to the last Sunday in February for all species of waterfowl. It removes reference to conservation order light geese seasons as federal rules no longer differentiate between falconry and regular hunting methods during the conservation order. It also corrects a grammatical edit which could be taken to make it illegal for veterans to hunt waterfowl during regular seasons.
This administrative regulation establishes waterfowl seasons, bag limits and requirements on public lands within federal migratory bird hunting frameworks established in 50 CFR Part 20 and 21 according to the U.S. Fish and Wildlife Service (USFWS). This is an extensive rewrite of an old regulation. Many portions have been changed to improve organization and clarity. Functional changes to the regulation include: Expands and clarifies definitions section;Changes to how Boatwright WMA allows waterfowl hunting to be similar to rules at adjacent Ballard WMA including: allowing hunting units, removal of Peal Unit specific hunter/party number allowances, removal of rules associated with layout blinds, require check-station check-in and permits for any regular or special waterfowl season hunts, removes prohibition on boat blinds, and removes allowance for “first come-first serve” hunting;Removes a complicated formula driven shotshell allowance to be replaced with simple twenty-five (25) shell limit at Boatwright, Ballard and Sloughs WMAs;Limits boat access on Boatwright WMA from December 1 to January 31 to people participating in Department managed activities;Clarifies maximum distance party members may be apart is 75 feet at Ballard and Sloughs WMA;Adds relevant language from 301 KAR 4:020 (Ballard) and 301 KAR 4:050 (Boatwright) so that these regulations may be repealed;Removes specific dates allowances at WMAs for Special Youth Waterfowl seasons and allows for these Special seasons based on 301 KAR 2:221 timing;Changes northern boundary of no-hunting zone at Ballard WMA to remove reference to the now removed Dam 53;Removes the requirement for the department to provide blinds and for hunters to hunt from blinds at South Shore WMA; andExpands section describing rules associated with department limited access waterfowl hunts.
This administrative regulation establishes waterfowl seasons, bag limits and requirements on public lands within federal migratory bird hunting frameworks established in 50 CFR Part 20 and 21 according to the U.S. Fish and Wildlife Service (USFWS). This is an extensive rewrite of an old regulation. Many portions have been changed to improve organization and clarity. Functional changes to the regulation include:
The necessity of this administrative regulation is to establish the 2018–2019 migratory bird seasons in accordance with the USFWS. This amendment will create two zones for Canada goose hunting in September. The Eastern zone will retain a September 16-30 hunting season. The Western zone will move the season to September 1-15. This amendment will allow the Department to implement “Mentored Hunter” hunts in addition to our youth dove hunts. Additionally, migratory bird hunters will now have to hunt geese during a September timeframe specified by where they live. Dove hunters wishing to utilize “quota hunt fields” (<10% of total fields) will have to apply for the hunts on the Department website and be drawn via a random drawing. Selected hunters will have to complete a post-hunt survey.
This administrative regulation establishes sandhill crane seasons, bag limits and requirements on public lands within federal migratory bird hunting frameworks established in 50 C.F.R Parts 20 and 21 according to the U.S. Fish and Wildlife Service (USFWS). This amendment will remove the requirement for leg tags on harvested cranes to be metal. This amendment will simplify the harvest of cranes for hunters. Many lost their tags or waited too late to request their tags. This will allow the department to issue paper tags that can be downloaded and printed.
This regulation establishes requirements for the recovery and removal of certain portions of big game animals and upland game birds hunters take or attempt to take when hunting as well as establishes rules for carcass disposal. This administrative regulation will prohibit wanton waste of animals taken, and establishing requirements for the disposal of carcasses. All hunters will have to make reasonable efforts to recover big game and upland game birds they have taken; will have to harvest, at minimum, the required portions of healthy animals recovered; and will have to properly dispose of the carcasses of animals taken.
This regulation establishes furbearer hunting and trapping seasons, bag limits, legal methods of take, and other furbearer hunting and trapping requirements. This regulation is necessary to provide adequate furbearer hunting and trapping opportunities and to properly manage furbearer populations in Kentucky. The amendment filed will extend the season for night coyote hunting with modern firearms and use of lights. This amendment will further increase the efficacy of coyote removal and provide an increased level of hunter opportunity.
This regulation establishes black bear chase and hunt seasons, chase and hunt requirements, bag limits, and legal methods of take. These amendments will allow nonresident hunters to engage in the bear chase and bear hunt with dogs seasons. Additionally, these amendments clarify what licenses and permits are necessary to participate in each type of bear season.
Title 301 | Chapter 003 - Hunting and Fishing
This administrative regulation establishes requirements and prohibitions for take of protected and unprotected species and sets year-round hunting seasons for specific species. This amendment is necessary to provide clear guidance on which species can be taken year-round and identifies species as protected or unprotected. This regulation defines exotic wildlife and sets forth the requirements and prohibitions for take of protected and unprotected species. This amendment will prohibit sport hunting of wild pigs, require a hunting license to hunt starlings or English sparrows to adhere to statute KRS 150.320, correct inaccurate language regarding coyote trapping seasons, and align the definition of exotic wildlife with other Department regulations.
This administrative regulation establishes the requirements for commercial nuisance wildlife control permits and nuisance wildlife control operators. This amendment will improve training requirements for nuisance wildlife control operators, limit movement of rabies vector species, require dispatch of exotic species, and clarify the legal use of poison on wildlife. This amendment will limit potential spread of disease and exotic species. Training for nuisance wildlife control operators will be improved.
This new 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, 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. This administrative regulation is necessary to establish guidelines under which the department may operate special mentored events on conservation camp properties and 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.
Title 301 | Chapter 004 - Wildlife
These administrative regulations established restrictions for entry and activities within Ballard Wildlife Management Area and the Swan Lake Unit of Boatwright Wildlife Management Area. The repeal is necessary as the amendments to 301 KAR 2:222 included the subject matter from 301 KAR 4:020 and 301 KAR 4:050, consolidating the requirements for waterfowl hunting on public lands into one location.
This administrative regulation establishes requirements for the administration of drugs to native wildlife. These processes are necessary to provide for the health and welfare of native wildlife and the safety of Kentucky citizens. This amendment improves Department oversight on parties administering drugs to wildlife, providing further protections to wildlife. This amendment also improves health and human safety in regard to non-captive native wildlife. The amendments are needed to conform with recent changes to 301 KAR 2:075 and edit inconsistencies between the two regulations. KRS 321.185, which requires a vet-patient-client relationship, was recently included in amendments to 301 KAR 2:075 to provide clear and concise guidelines to wildlife rehabilitators.
Title 301 | Chapter 005 - Licensing
This regulation establishes definitions for terms used within 301 KAR, Chapter 5. This amendment will change the existing administrative regulation by removing terms that are no longer applicable and adding terms that are to be utilized in amendments made to other regulations in 301 KAR, Chapter 5.
This regulation establishes the methods for application and operation of license agents. This regulation is necessary to create a network of license agents to partner with the department to effectuate the sale and distribution of the department’s licenses, permits, and other items sold by the department. This amendment establishes updated contractual language in the document incorporated by reference to be consistent with changes in other 301 KAR, Chapter 5 regulations.
This regulation establishes procedures for agents of the department to sell and issue the department’s licenses and permits. This regulation is necessary to define legal sales parameters to protect the interests of agents, customers and the department in implementing 301 KAR, Chapter 5. The amendments update language to include statutorily permissible fees and remove conflict with KRS 45.345(2) and KRS 64.840(3) while placing private entities on even footing with public entities that are acting as license agents.
This administrative regulation establishes fees and terms for licenses, permits, and tags sold by the Department of Fish and Wildlife Resources. The amendment will align this regulation with 301 KAR 2:300 as to mirror the creation of a resident combination bear permit, a nonresident bear chase permit, a nonresident youth bear chase permit and a nonresident youth bear permit; change the expiration date for commercial guide licenses from calendar year to license year to match hunting license expiration dates; and establish price of senior lifetime combination hunting and fishing license to conform with language in KRS 150.175.
This regulation establishes the procedures for the application, award, and reporting of the Special Commission Permit fund raising opportunity for incorporated nonprofit wildlife conservation organizations. This amendment adds Black Bear as a species for which permits will be eligible, clarifies the benefit of the receiving a waterfowl permit, moves the application and reporting process to an online submission portal, and removes language that is no longer needed. This amendment is necessary to provide additional fund-raising opportunities through black bear permits, to clarify ambiguous language regarding the benefits of possessing a special waterfowl permit, and streamlines the application and reporting process via an online system that will provide various error controls to assist organizations in properly completing the applications and reports. This regulation is recodified from 301 KAR 3:100 and listed now in 301 KAR, Chapter 5 Licensing to better organize regulations by topic for the end user.
Title 301 | Chapter 006 - Water Patrol
This administrative regulation provides definitions for terms used in 301 KAR chapter 6 regarding Water Patrol and outlines valuable details as to how terms will be interpreted in other regulations under 301 KAR Chapter 6. The amendment filed will change the existing regulation by updating the statutory authority, improving readability, and amending definitions to address wearable and throwable PFDs. This amendment is necessary to comply with 33 CFR 175.13 which defines wearable and throwable personal flotation devices (PFD).
The administrative regulation provides specific requirements for safety equipment and usage while on Kentucky waterways as regulated by 301 KAR chapter 6 and is necessary to educate the public on the required safety equipment for recreational activity on waterways. The amendment provides valuable details as to how terms will be interpreted, and lists equipment required on vessels regulated under 301 KAR Chapter 6 relating to personal flotation devices (PFD). These amendments are necessary to comply with minimum standards issues by the US Coast Guard and regulation in 33 CFR 175.17 and CFR 175.25.
Title 301 | Chapter 011 - Administrative
This administrative regulation sets forth procurement procedures necessary for the performance of the department’s duties in accordance with those procedures outlined in KRS 45A and the procurement of architectural and engineering services pursuant to KRS 150.0242 and KRS 45A.800 to KRS 45A.835. This administrative regulation is necessary to comply with state law recently enacted from the 2023 legislative session authorizing the department to outline regulations for procurement as listed in KRS Chapter 45A and Chapter 150.