301 KAR 1:120. Live fish sales and handling; licensure.


      RELATES TO: KRS 150.025, 150.175, 150.180, 150.190, 150.235, 150.485

      STATUTORY AUTHORITY: KRS 13A.350, 150.025

      NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is necessary in order to control the flow of live fish from and into natural waters and commercial channels to prevent the spread of disease or undesirable species. This amendment is necessary to eliminate unnecessary and confusing wording.


      Section 1. All individuals or companies who sell live fish retail or wholesale must 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, must be in the possession of the persons who are transporting, selling or possessing live fish for sale in Kentucky.


      Section 2. Those individuals or companies transporting live fish from one (1) state to another state through Kentucky without conducting any type of business in this commonwealth are not required to have a live fish and bait dealers license, but must have a valid transportation permit.


      Section 3. Valid holders of commercial propagation permits and those individuals or companies who sell fish for food in establishments licensed by another state agency to sell retail or wholesale food stuffs are not required to have a live fish and bait dealers license. (KFWR-F-LF2-1; 1 Ky.R. 150; eff. 12-11-74; Am. 5 Ky.R. 1077; eff. 8-1-79; 14 Ky.R. 1081; eff. 1-4-88.)