Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 13B, 150.010, 150.170, 150.235, 150.485
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(c)
authorizes the Department of Fish and Wildlife Resources to promulgate
administrative regulations to regulate the buying, selling, or transporting of
game and fish. KRS 150.180(6) requires the commissioner to promulgate
administrative regulations relating to issuance of a fish transportation
permit. KRS 150.280(2) requires the department to promulgate administrative
regulations identifying species of wildlife that are potentially damaging to
native ecosystems and prohibiting the transporting or holding of that wildlife.
This administrative regulation provides for control of the transportation of
fish, fish eggs, live bait, and other aquatic organisms into, through, and
within the state to protect the resident fish population.
Section 1. A Fish Transportation Permit shall
not be required:
(1) By an individual to
transport aquarium species;
(2) By
permitted Kentucky fish propagators as established in 301 KAR 1:115, except if
transporting fish into Kentucky from outside of Kentucky;
(3) By individuals with a sport or commercial
fishing license to transport legally caught bait or fish;
(4) By individuals transporting fish
purchased from a licensed live bait dealer or permitted commercial fish
propagator for stocking in private waters;
(5) By agents of the department while
performing their normal duties; or
(6) To transport live fish or other aquatic
organisms that were purchased for consumption from a licensed
retailer.
Section 2. Live
Fish, Live Bait, or Other Aquatic Organisms.
(1)
(a) All
individuals, corporations, or other business entities that transport any live
fish, live bait as defined in 301 KAR 1:001, Section 1, or other live aquatic
organism, except those individuals listed in Section 1 of this administrative
regulation shall have in possession the documents required by paragraph (b) of
this subsection, if transporting into, within, or through Kentucky.
(b)
1. A
fish Transportation Permit, to be renewed annually by calendar year, issued in
the name of the individual, corporation, or other business.
2. A bill of lading showing the origin and
destination of the organisms being transported.
(2) An individual shall also possess a Live
Fish and Bait Dealers License, as established in 301 KAR 1:132, if the
organisms will be:
(a) Sold to another
individual, corporation, or other business entity in Kentucky; or
(b) Transported from Kentucky to be sold
outside of Kentucky.
(3)
All organisms in transport shall be disease free, and any prohibited species
listed in 301 KAR 1:122 shall not be present.
(4) If any Viral Hemorrhagic Septicemia- or
VHS-regulated fish species from a VHS positive state are transported and
unloaded in Kentucky, in addition to the requirements established in
subsections (1), (2), and (3) of this section, the following requirements shall
apply:
(a) If the origin of the VHS-regulated
fish species is from a certified VHS free facility, the individual shall
possess a copy of the documentation showing that the facility is VHS
free.
(b) If the origin of the
VHS-regulated fish species is from a non-certified VHS free facility:
1. The VHS-regulated fish species shall only
be unloaded at a:
a. State inspected
fish-processing plant; or
b.
Research and diagnostic laboratory;
2. The individual shall possess a copy of the
U.S. Department of Agriculture Animal and Plant Health Inspection Service, or
APHIS, VS 1-27 permit for Movement of Restricted Animals issued by an APHIS
Veterinary Services office or by a state, tribal, or federal accredited
veterinarian; and
3. Water from the
fish transportation tank shall only be discharged into a municipal sewage
system that includes wastewater disinfection or into a non-discharging settling
pond devoid of fish.
(5) If the origin of the VHS-regulated fish
species is from a VHS positive state and are only being transported through
Kentucky, then only the requirements established in subsections (1) and (3) of
this section and Section 3 of this administrative regulation shall
apply.
(6) VHS-regulated fish
species being transported from a known VHS positive state into, within, or
through Kentucky that do not meet all requirements established in Sections 2
and 3 of this administrative regulation shall be confiscated for disposal
purposes.
Section 3. Fish
Transportation Permit Application.
(1) If an
individual, corporation, or other business entity wants to transport fish, live
bait, or other aquatic organisms into, within, or through Kentucky they shall
submit a completed Application for Fish Transportation Permit to the
department, along with permit fees as established in 301 KAR 5:022.
(2) In addition to the requirements
established in subsection (1) of this section, an individual, corporation, or
other business entity that wants to transport VHS-regulated fish species into
or through Kentucky from a VHS positive state shall also submit a:
(a) Copy of the documentation showing that
the facility that the VHS-regulated fish species are coming from is certified
as being VHS free; or
(b) Copy of
the APHIS VS 1-27 permit if the facility is not certified as being VHS
free.
(3) An individual,
corporation, or other business entity shall not transport fish, live bait, or
other aquatic organisms into, within, or through Kentucky without an approved
Fish Transportation Permit in possession.
(4) If an individual, corporation, or other
business entity desires to transport VHS-regulated fish species from a facility
in a VHS positive state that is currently not listed on their Fish
Transportation Permit, the permittee shall:
(a) Notify the department; and
(b) If approved by the commissioner, based on
risk of contagion to fish of the Commonwealth, be sent an updated Fish
Transportation Permit listing the approved facility.
Section 4. Transportation of
Roe-Bearing Fish and Roe.
(1) All individuals,
with the exception of permitted roe-bearing fish harvesters as established in
301 KAR 1:155, who transport roe-bearing fish or unprocessed roe as established
in 301 KAR 1:155 into, within, or through Kentucky, shall have in possession a
Fish Transportation Permit issued in the name of the individual with the
associated roe-bearing fish harvester's name and commercial fishing license and
roe-bearing harvester's permit numbers listed.
(2) All individuals who transport unprocessed
roe from a fish processing facility to a permitted roe-bearing fish dealer
shall also have in possession a bill of lading as established in 301 KAR 1:155,
Section 8(4)(c).
Section
5. The transporter shall not transport the prohibited species
listed in 301 KAR 1:122, and all officers and agents of the department shall
have the authority to demand that the transporter submit proof of all
appropriate permits and documentation.
Section
6. Fish Transportation Permit Denial, Revocation, and Nonrenewal.
(1) The department shall deny a Fish
Transportation Permit for transportation of aquatic organisms determined
potentially damaging to Kentucky's native ecosystems.
(2) The department shall revoke and shall not
renew the Fish Transportation Permit of an individual, corporation, or other
business entity for a period of two (2) years if they:
(a) Falsify the documentation needed to
transport fish, eggs, live bait, or any other aquatic organism into, within, or
through Kentucky;
(b) Falsify
information on the Application for Fish Transportation Permit; or
(c) Are convicted of any federal or state
violation involving the transportation of fish, eggs, live bait, or any other
aquatic organism.
(3) An
individual, corporation, or other business entity whose Fish Transportation
Permit has been denied or revoked may request an administrative hearing
pursuant to KRS Chapter 13B.
(4) A
request for a hearing shall be in writing and postmarked, or delivered in
person to the department, no later than thirty (30) days after notification of
the denial or revocation.
(5) Upon
receipt of the request for a hearing, the department shall comply with the
provisions of KRS Chapter 13B.
(6)
The hearing officer's recommended order shall be considered by the
commissioner, and the commissioner shall issue a final order pursuant to KRS
Chapter 13B.
Section 7.
Incorporated by Reference.
(1) "Application
for Fish Transportation Permit", 2023 is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Fish and
Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m. or obtained at
https://fw.ky.gov/Fish/Pages/Commercial-Fishing.aspx.cu
STATUTORY AUTHORITY: KRS 150.025(1)(c), 150.180(6),
150.280(2)