Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 150.010, 150.170, 150.177, 150.180, 150.411(3),
150.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes
the Department of Fish and Wildlife Resources to promulgate administrative
regulations to establish open seasons for the taking of wildlife, to regulate
bag limits and methods of take, and to make these requirements apply to a
limited area or the entire state. KRS 150.170 authorizes exemptions for certain
people from hunting license and permit requirements. KRS 150.175 requires the
department to promulgate administrative regulations relating to the kinds of
licenses and permits listed in the statute. KRS 150.390(1) prohibits the taking
of deer in any manner contrary to any provisions of KRS Chapter 150 or KAR
Title 301. This administrative regulation establishes deer hunting seasons and
zones, bag limits, legal methods of taking, and checking and recording
requirements for deer hunting.
Section
1. Definitions.
(1) "Additional
deer permit" means a permit that allows the holder to take up to two (2)
additional deer beyond those allowed by the statewide deer permit in the
following combinations:
(a) One (1) antlered
deer and one (1) antlerless deer; or
(b) Two (2) antlerless deer.
(2) "Adult" means a person who is
at least eighteen (18) years of age.
(3) "Air gun" means a pneumatic gun fired by
a charge of compressed air.
(4)
"Antlered deer" means a male or female deer, excluding male fawns, with a
visible antler protruding above the hairline.
(5) "Antlerless deer" means a male or female
deer with no visible antler protruding above the hairline.
(6) "Archery equipment" means a long bow,
recurve bow, or compound bow incapable of holding an arrow at full or partial
draw without aid from the archer.
(7) "Arrow" means the projectile fired from a
bow or crossbow.
(8) "Centerfire"
means a type of gun that detonates a cartridge by the firing pin striking a
primer in the middle of the end of the cartridge casing.
(9) "Chronic Wasting Disease" or "CWD" means
a transmissible spongiform encephalopathy found in cervids.
(10) "Crossbow" means a bow with a string
designed or fitted with a device to hold an arrow at full or partial draw
without aid from the archer.
(11)
"CWD Surveillance Zone" means an area designated as being subject to special
deer hunting regulations due to a CWD positive cervid detection.
(12) "Deer" means a member of the species
Odocoileus virginianus.
(13)
"Firearm" means a breech or muzzle-loading rifle, shotgun, or
handgun.
(14) "KDSS" means the
Kentucky Direct Sales System.
(15)
"License year" means the period from March 1 through the last day of
February.
(16) "Modern gun" means
an air gun, rifle, handgun, or shotgun that is loaded from the rear of the
barrel.
(17) "Muzzle-loading gun"
means a rifle, shotgun, or handgun that is loaded from the discharging end of
the barrel or discharging end of the cylinder.
(18) "Novice deer hunter" means a person who
has not harvested more than two (2) deer in Kentucky in the last ten (10)
years.
(19) "Shed" means an antler
that has naturally been cast off the skull as a part of the annual growth and
replacement process.
(20) "Special
deer hunt" means a one (1) or two (2) day deer hunt sponsored and overseen by
the department on private land that:
(a)
Allows a novice deer hunter to use a modern gun outside of modern gun deer
season; and
(b) Shall be made
available only to a:
1. Kentucky
resident;
2. Person enrolled as a
resident or non-resident student in a public or non-public postsecondary
institution located in Kentucky; or
3. Member of the United States military, or
his or her spouse or children, stationed at a military base in
Kentucky.
(21)
"Statewide deer hunting requirements" means the season dates, zone
descriptions, bag limits, and other requirements for deer hunting established
in this administrative regulation.
(22) "Statewide deer permit" means a permit,
which, in conjunction with appropriate licenses, seasons, and methods, allows
the holder to take:
(a) One (1) antlered deer
and no more than three (3) antlerless deer; or
(b) No more than four (4) antlerless
deer.
(23) "Youth" means
a person under the age of sixteen (16) by the date of the hunt.
(24) "Youth deer permit" means a permit,
which in conjunction with appropriate licenses, seasons, and methods, allows
the holder to take:
(a) One (1) antlered deer
and no more than three (3) antlerless deer; or
(b) No more than four (4) antlerless
deer.
(25) "Zone" means
an area consisting of counties designated by the department within which deer
hunting season dates and limits are set for the management and conservation of
deer in Kentucky.
Section
2. License and Deer Permit Requirements.
(1) Unless license exempt, as established in
KRS 150.170, a person who is hunting deer shall carry a valid:
(a) Kentucky hunting license; and
(b) Deer permit.
(2) Unless license exempt, as established in
KRS 150.170, a youth who is hunting deer shall carry a valid:
(a) Kentucky youth hunting license;
and
(b) Youth deer
permit.
Section
3. Hunter Restrictions.
(1) A
deer hunter shall not:
(a) Take a deer except
during daylight hours;
(b) Use
dogs, except leashed tracking dogs, to recover a wounded deer;
(c) Take a deer that is swimming;
(d) From a vehicle, boat, or on horseback,
take a deer, except that a hunter with a disabled hunting exemption permit
issued by the department may use a stationary vehicle as a hunting platform;
and
(e) Possess or use a decoy or
call powered by electricity from any source.
(2) A person shall only use the equipment
established in paragraphs (a) through (e) of this subsection to take a deer:
(a) A crossbow or archery equipment loaded
with a broadhead of seven-eighths (7/8) inch or wider upon expansion;
(b) A firearm:
1. With an action that fires a single round
of ammunition upon each manipulation of the trigger; and
2. Loaded with centerfire, single projectile
ammunition designed to expand upon impact;
(c) A muzzle-loading gun;
(d) A shotgun loaded with a shell containing
single projectile ammunition designed to expand upon impact; or
(e) An air gun:
1. Of .35 caliber or larger;
2. Charged by an external tank; and
3. Loaded with single projectile ammunition
designed to expand upon impact.
(3) A person shall only use a weapon that
complies with the appropriate season established in Section 5 of this
administrative regulation to take a deer.
(4) A crossbow shall contain a working safety
device.
(5) A person shall not use
a magazine capable of holding more than ten (10) rounds to take a
deer.
Section 4. Hunter
Orange Clothing Requirements.
(1) During the
modern gun deer season, muzzle-loader season, and any youth gun season, a
person hunting any species during daylight hours and any person accompanying a
hunter, shall display solid, unbroken hunter orange visible from all sides on
the head, back, and chest except while hunting waterfowl or mourning
dove.
(2) During an elk firearm
season, as established in 301 KAR 2:132, a person hunting any species and any
person accompanying a hunter within the elk restoration zone, shall display
solid, unbroken hunter orange visible from all sides on the head, back, and
chest, except while hunting waterfowl or mourning dove.
(3) The hunter orange portions of a garment
worn to fulfill the requirements of this section:
(a) May display a small section of another
color; and
(b) Shall not have mesh
weave openings exceeding one-fourth (1/4) inch by any measurement.
(4) A camouflage-pattern hunter
orange garment worn without additional solid hunter orange on the head, back,
and chest shall not meet the requirements of this section.
Section 5. Statewide Season Dates.
(1) A deer hunter may use archery equipment
to hunt deer statewide from the first Saturday in September through the third
Monday in January.
(2) A deer
hunter may take deer with a modern gun statewide beginning the second Saturday
in November for sixteen (16) consecutive days.
(3) A deer hunter may use a muzzle-loading
gun to hunt deer statewide:
(a) For two (2)
consecutive days beginning the third Saturday in October;
(b) For nine (9) consecutive days beginning
the second Saturday in December; and
(c) During any season in which a modern gun
may be used to take deer.
(4) A deer hunter may use a crossbow to hunt
deer statewide from the third Saturday in September through the third Monday in
January.
(5) A youth or a legal
resident hunter sixty-five (65) years or older may hunt with a crossbow from
the first Saturday in September through the third Monday in January.
(6) There shall be a youth-only modern gun
season for two (2) consecutive days beginning on the second Saturday in
October, in which a youth deer hunter shall comply with this administrative
regulation and all other statewide deer hunting requirements.
(7) There shall be a free youth-only modern
gun season for two (2) consecutive days beginning on the Saturday after
Christmas during which a youth:
(a) Shall not
be required to have a hunting license or deer permit; and
(b) Shall comply with this administrative
regulation and all other statewide deer hunting requirements.
Section 6. Zones.
(1) Zone 1 shall consist of Anderson,
Ballard, Boone, Bracken, Bullitt, Caldwell, Calloway, Campbell, Carlisle,
Carroll, Christian, Crittenden, Franklin, Fulton, Gallatin, Grant, Graves,
Green, Hardin, Harrison, Hart, Henderson, Henry, Hickman, Hopkins, Jefferson,
Kenton, Larue, Livingston, Lyon, Marshall, Mason, McClean, McCracken, Mercer,
Muhlenberg, Nelson, Oldham, Owen, Pendleton, Robertson, Scott, Shelby, Spencer,
Todd, Trigg, Trimble, Union, Washington, Webster, and Woodford
Counties.
(2) Zone 2 shall consist
of Adair, Allen, Barren, Bath, Bourbon, Boyd, Boyle, Breckinridge, Butler,
Carter, Casey, Clark, Daviess, Edmonson, Fayette, Fleming, Grayson, Greenup,
Hancock, Jessamine, Lawrence, Lewis, Lincoln, Logan, Madison, Marion, Meade,
Metcalf, Monroe, Montgomery, Nicholas, Ohio, Simpson, Taylor, and Warren
Counties.
(3) Zone 3 shall consist
of Cumberland, Elliott, Estill, Garrard, Johnson, Laurel, Morgan, Powell,
Pulaski, Rowan, Wayne, and Wolfe Counties.
(4) Zone 4 shall consist of Bell, Breathitt,
Clay, Clinton, Floyd, Harlan, Jackson, Knott, Knox, Lee, Leslie, Letcher,
Magoffin, Martin, McCreary, Menifee, Owsley, Perry, Pike, Rockcastle, Russell,
and Whitley Counties.
Section
7. Season and Zone Limits.
(1) A
person shall not take more deer than each zone allows, as established in this
section.
(2) A person shall not
take more than one (1) antlered deer per license year, regardless of permit
type used or zone hunted, except as established in 301 KAR 2:111, 301 KAR 2:178, or
301 KAR 3:100.
(3) A person may take an
unlimited number of antlerless deer in Zone 1 if the person has purchased the
appropriate additional deer permits.
(4) A person may take up to a total of four
(4) deer in Zone 2.
(5) In Zone 3,
a person may take up to a total of four (4) deer, except that a firearm or air
gun shall not be used to take a total of more than one (1) antlerless
deer.
(6) In Zone 4, a person may
take one antlerless deer, but only during:
(a)
Archery season, except that a person shall not take an antlerless deer during
modern gun season, the October muzzleloader season, or the first six (6) days
of the December muzzleloader season;
(b) Crossbow season, except that a person
shall not take an antlerless deer during modern gun season, the October
muzzleloader season, or the first six (6) days of the December muzzleloader
season;
(c) Any youth weekend;
or
(d) The last three (3) days of
the December muzzleloader season.
Section 8. Supervision of Youth Gun Deer
Hunters.
(1) An adult shall:
(a) Accompany a person under sixteen (16)
years old; and
(b) Remain in a
position to take immediate control of the youth's gun.
(2) An adult accompanying a youth hunter
shall not be required to possess a hunting license or deer permit if the adult
is not hunting.
Section
9. Harvest Recording.
(1)
Immediately after taking a deer, and prior to moving the carcass, a person
shall record, in writing:
(a) The species
taken;
(b) The date
taken;
(c) The county where taken;
and
(d) The sex of the deer taken
on one (1) of the following:
1. The hunter's
log section on the reverse side of a license or permit;
2. The hunter's log produced in a hunting
guide;
3. A hunter's log printed
from the Internet;
4. A hunter's
log available from any KDSS agent; or
5. An index or similar card.
(2) The person shall
retain and possess the completed hunter's log while the person is in the field
during the current hunting season.
Section 10. Checking a Deer.
(1) A person shall check a harvested deer
before 11:59 p.m. on the day the deer is recovered by:
(a) Calling (800) 245-4263 and providing the
requested information; or
(b)
Completing the online check-in process at fw.ky.gov.
(2) A person who has checked in a deer shall
record the confirmation number on a hunter's log.
(3) If a hunter removes the hide or head of a
harvested deer before the deer is checked in, then the hunter shall retain the
deer parts established in paragraphs (a) and (b) of this subsection:
(a) For antlered deer, the:
1. Head with antlers; or
2. Testicles, scrotum, or penis attached to
the carcass; or
(b) For
antlerless deer, the:
1. Head; or
2. Udder or vulva attached to the
carcass.
(4) If
a hunter transfers possession of a harvested deer, or if the harvested deer is
out of the hunter's possession, the hunter shall attach to the carcass a
hand-made tag that contains the following information:
(a) The confirmation number;
(b) The hunter's name; and
(c) The hunter's telephone number.
(5) A person shall not provide
false information while:
(a) Completing the
hunter's log;
(b) Checking a deer;
or
(c) Creating a carcass
tag.
Section
11. Transporting and Processing Deer.
(1) A person shall:
(a) Not transport an unchecked deer out of
Kentucky;
(b) Have proof that a
deer or parts of deer brought into Kentucky were legally taken; or
(c) Not sell deer hides except to a licensed:
1. Fur buyer;
2. Fur processor; or
3. Taxidermist.
(2) A taxidermist or an individual
who commercially butchers deer shall not accept a deer carcass or any part of a
deer without a valid disposal permit issued by the department pursuant to KRS 150.411(3) or a proper carcass tag as established in Section 10 of this
administrative regulation.
(3) An
individual who commercially butchers deer shall keep accurate records of the
hunter's name, address, confirmation number, and date received for each deer in
possession and retain the records for a period of one (1) year.
Section 12. Special Deer Hunt
Program.
(1) A special deer hunt shall:
(a) Consist of a minimum of ten (10) novice
deer hunters selected on a first-come, first-served basis;
(b) Take place on private land with the
permission of the landowner;
(c)
Only be overseen and sponsored by department employees; and
(d) Take place during the archery deer
season.
(2) A special
deer hunt participant shall possess a valid hunting license and deer permit,
except if the participant is license-exempt, as established in KRS 150.170.
Section 13.
Antlers.
(1) A person shall not use a device
that is designed to entangle or trap the antlers of a deer.
(2) A shed of a deer shall be legal to
possess.
Section 14. CWD
Surveillance Zone Requirements.
(1) A CWD
Surveillance Zone shall be limited to an area surrounding the location(s) of
CWD positive cervid detections as biologically and logistically necessary to
monitor and combat the spread of CWD. The areas designated as part of the CWD
Surveillance Zone shall be published on the department's Web site at
fw.ky.gov.
(2) In any area
identified as a CWD Surveillance Zone, the following requirements shall be
effective:
(a) In addition to items in
Sections 10 and 11 above a hunter harvesting deer in a CWD Surveillance Zone
shall:
1. Transport the entire carcass or the
entire head; and
2. Telecheck
confirmation number to a KDFWR authorized check station in the CWD Surveillance
Zone during the identified time periods as advertised by the department at
https://fw.ky.gov.
(b) A hunter harvesting deer in a CWD
Surveillance Zone shall not:
1. Transport a
full carcass or any part thereof outside of the CWD Surveillance Zone, except
deboned meat, clean skull plates, antlers, antlers attached to a clean skull
plate, clean skulls, clean teeth, finished taxidermy work, and hides of legally
harvested cervids; or
2. Bait or
feed any wildlife inside the CWD Surveillance Zone, except for:
a. Normal agricultural practices, including
food plots;
b. Hanging bird feeders
within the curtilage of the home; and
c. Furbearer trapping attractants, except
grain salt or mineral.
STATUTORY AUTHORITY: KRS 150.025(1), 150.170, 150.175,
150.390(1)