301 Ky. Admin. Regs. 1:120

Current through Register Vol. 50, No. 12, June 1, 2024
Section 301 KAR 1:120 - Live fish sales and handling; licensure

RELATES TO: KRS 150.175, 150.190, 150.235, 150.485

NECESSITY, FUNCTION, AND CONFORMITY: 150.025(1) authorizes the department to promulgate administrative regulations to regulate buying, selling, or transporting of game and fish. KRS 150.180(6) requires any person importing or transporting live fish into or within the state to first procure a fish transportation permit. This administrative regulation is being promulgated to control the flow of live fish from and into natural waters and commercial channels to prevent the spread of disease or undesirable species.

Section 1. All individuals or companies who sell live fish retail or wholesale shall have a live fish and bait dealers license issued in the name of the individual or company that is transacting business in this commonwealth. This license, or an exact copy thereof, shall be in the possession of the individual who is transporting, selling, or possessing live fish for sale in Kentucky.
Section 2. Individuals or companies transporting live fish from one (1) state to another state through Kentucky without conducting any type of business in this commonwealth shall not be required to have a live fish and bait dealers license, but shall have a valid transportation permit.
Section 3. Valid holders of commercial propagation permits and individuals or companies who sell fish for food in establishments licensed by another state agency to sell retail or wholesale food stuffs shall not be required to have a live fish and bait dealers license.

301 KAR 1:120

KFWR-F-LF2-1; 1 Ky.R. 150; eff. 12-11-74; Am. 5 Ky.R. 1077; eff. 8-1-1979; 14 Ky.R. 1081; eff. 1-4-1988; 48 Ky.R. 124, 1122; eff. 11-17-2021.

STATUTORY AUTHORITY: KRS 150.025(1), 150.180(6)