Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.015
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.015 requires the department to protect
and conserve the wildlife of this Commonwealth.
KRS
150.025(1)(h) authorizes the
department to promulgate administrative regulations to carry out the provisions
of KRS Chapter 150. This administrative regulation establishes restrictions on
the feeding of wildlife that will serve to protect wildlife from disease and
toxic substances that could cause harm to the wildlife population if left
unregulated.
Section 1. Definitions.
(1) "Captivity" means confinement by fence or
other structure, or restraint intended to prevent escape.
(2) "Curtilage of the home" means the area
encompassing the grounds immediately surrounding any home or group of homes
used in the daily activities of domestic life, and:
(a) Might or might not be enclosed by a fence
or other barrier; and
(b) Includes
areas occupied by captive cervids as established in
301 KAR 2:083 and wildlife held
in captivity for rehabilitation purposes as established in
301 KAR 2:075 or held in
captivity as established in
301 KAR 2:081 and
301 KAR 2:082.
(3) "Feeding":
(a) Means willingly, wantonly, or knowingly
depositing, distributing, or scattering of shelled, shucked, or unshucked corn,
millet, milo, safflower seed, sunflower seed, thistle, wheat, or other grain or
any manufactured feed or food product to be consumed by wildlife; and
(b) Does not mean the establishment and
maintenance of plantings for wildlife, foods found scattered solely as the
result of normal agricultural planting practices or harvesting practices, foods
available to wildlife through normal agricultural practices of livestock
feeding if the areas are occupied by livestock actively consuming the feed on a
daily basis, or standing farm crops under normal agricultural
practices.
Section
2. Recreational Feeding of Wildlife.
(1) Wildlife shall not be fed from March 1
through July 31, except as established in subsections (2) and (3) of this
section.
(2) Wildlife may only be
fed year-round:
(a) In public areas not open
to legal hunting or trapping, unless otherwise prohibited by statute,
administrative regulation, or municipal ordinance;
(b) Within the curtilage of the home;
and
(c) In a zoo or other facility
that lawfully keeps or exhibits wildlife for rehabilitation, rescue, or public
viewing.
(3) Fish may be
fed year-round.
Section
3. Chronic Wasting Disease. In a department-designated Chronic
Wasting Disease Surveillance Zone or Management Zone county, established on the
department's Web site at fw.ky.gov, persons shall not bait or feed using grain,
salt, mineral, or other ingested attractants, except:
(1) Normal agricultural practices;
(2) Wildlife food plots or
plantings;
(3) Bird feeders within
the curtilage of the home; and
(4)
Furbearer trapping, except that trappers shall not use grain, salt, or
mineral.
STATUTORY AUTHORITY:
150.025
