Kentucky Administrative Regulations
Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES
Chapter 1 - Fish
Section 301 KAR 1:400 - Assessing fish kill damages
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 150.460(1), (3), 150.990(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.460(1) and (3) make it illegal for a person to pollute the waters of the commonwealth. KRS 150.990(7) holds a person who violates KRS 150.460 liable to the department in an amount not to exceed the value of any fish or wildlife killed or destroyed. This administrative regulation establishes the standard the department shall use to determine the replacement value of fish killed in pollution cases.
Section 1. The department shall use the American Fisheries Society Special Publication 35, "Investigation and Monetary Values of Fish and Freshwater Mollusk Kills", to assess the replacement value of fish killed in violation of KRS 150.460(1) or (3).
Section 2. Incorporation by Reference.
STATUTORY AUTHORITY: KRS 150.990(7)