Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.010(45),
150.025(1),
150.305(1),
150.330,
150.340(1),
(3),
150.990
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025(1) authorizes the
department to promulgate administrative regulations to establish open seasons
for the taking of wildlife and to regulate bag limits.
KRS
150.360 authorizes the department to restrict
methods of taking wildlife.
KRS
150.600 authorizes the department to regulate
the taking of waterfowl on public and private land. This administrative
regulation establishes requirements for the taking of waterfowl within
reasonable limits and within the frameworks established by
50 C.F.R. Parts
20 and
21.
Section 1. Definitions.
(1) "Active military personnel" means a
member of the Armed Forces on active duty, including members of the National
Guard and Reserves on active duty other than for training.
(2) "Adult" means a person who has reached
his or her 18th birthday.
(3) "Dark
geese" means Canada geese, cackling geese, white-fronted geese, or
brants.
(4) "Light geese" is
defined by KRS
150.010(20).
(5) "Light geese conservation order" is
defined by KRS
150.010(21).
(6) "Veteran" means a person who served in
the active military, naval, air, or space service, and who was discharged or
released therefrom under conditions other than dishonorable.
(7) "Waterfowl" is defined by
KRS
150.010(45).
(8) "Youth" means a person who has not
reached his or her 16th birthday.
Section 2. Except as established in
301 KAR 2:222 or
301 KAR 2:225, a person shall not
hunt waterfowl except during the seasons established in this administrative
regulation.
Section 3. Season
Dates.
(1) The duck, coot, and merganser
season shall:
(a) Begin on Thanksgiving Day
for four (4) consecutive days; and
(b) Be from December 7 through January
31.
(2) The dark geese
season shall be from Thanksgiving Day through February 15.
(3) The light geese season shall be from
Thanksgiving Day through February 15.
(4) The light geese conservation order season
shall be from February 16 through March 31.
(5) A person shall not hunt light or dark
geese in:
(a) The areas of Laurel River Lake
as posted by sign; or
(b) Cave Run
Lake and the public land inside the boundary formed by Highways 801, 1274, 36,
211, US 60, and Highway 826.
Section 4. Ballard Zone.
(1) The Ballard Zone includes the portion of
Ballard County north and west of:
(a) The
Ballard-McCracken County line to State Road 358;
(b) State Road 358 to US 60;
(c) US 60 to the city limits of Wickliffe;
and
(d) The city limits Wickliffe
to the center of the Mississippi River.
(2) In the Ballard Zone, a person hunting
waterfowl shall:
(a) Not hunt or establish a
blind within:
1. 100 yards of another blind;
or
2. Fifty (50) yards of a
property line; and
(b)
Not possess more than one (1) uncased or loaded shotgun while in a
blind.
(3) The
requirements of subsection (1) of this section shall not apply if the Light
Geese Conservation Order, as established in Section 3 of this administrative
regulation, is the only waterfowl season open, excluding falconry
seasons.
Section 5. Bag
and Possession Limits.
(1) Ducks. The daily
limit shall be six (6), which shall not include more than:
(a) Four (4) mallards;
(b) Two (2) hen mallards;
(c) Three (3) wood ducks;
(d) Two (2) black ducks;
(e) Two (2) redheads;
(f) One (1) pintail;
(g) One (1) scaup beginning Thanksgiving Day
for four (4) consecutive days and December 7 through December 17;
(h) Two (2) scaup beginning on December 18
through January 31;
(i) One (1)
mottled duck; or
(j) Two (2)
canvasbacks.
(2) Coot.
The daily limit shall be fifteen (15).
(3) Merganser. The daily limit shall be five
(5), which shall not include more than two (2) hooded mergansers.
(4) Dark geese. The daily limit shall be five
(5), which shall not include more than:
(a)
Three (3) Canada geese or cackling geese, in combination;
(b) Two (2) white-fronted geese; or
(c) One (1) brant.
(5) Light geese. The daily limit shall be
twenty (20), except that there shall not be a limit during the light geese
conservation order season.
(6) The
possession limit shall be triple the daily limit, except that there shall not
be a light geese possession limit.
Section 6. Shooting Hours. A person shall not
hunt waterfowl except from one-half (1/2) hour before sunrise until:
(1) Sunset, except as established in
301 KAR 2:222; or
(2) One-half (1/2) hour after sunset if
hunting light geese during the light geese conservation order season.
Section 7. Falconry Waterfowl
Season and Limits.
(1) The light geese season
shall be from Thanksgiving Day through February 15.
(2) The light geese conservation order season
shall be from February 16 through March 31.
(3) The season for all other waterfowl shall
be from Thanksgiving Day through February 15.
(4) The daily limit shall be three (3)
waterfowl, except that there shall not be a limit on light geese during the
light geese conservation order season.
(5) The possession limit shall be nine (9)
waterfowl, except that there shall not be a possession limit on light geese
during the light geese conservation order season.
Section 8. Permit for the Light Geese
Conservation Order Season.
(1) A person
hunting light geese during the light geese conservation order season shall
first obtain a free permit by completing the online Snow Geese Conservation
Order Permit process on the department's Web site at fw.ky.gov.
(2) A person hunting light geese during the
light geese conservation order season shall submit a Snow Geese Conservation
Order Permit Survey to the department by April 10.
Section 9. Special Youth Waterfowl Season.
(1) A youth shall only hunt waterfowl and
gallinule on the Saturday before Thanksgiving and the second Saturday in
February.
(2) A youth hunter shall
be accompanied by an adult;
(3)
Youth hunters shall obey the provisions of
301 KAR 2:221 and
301 KAR 2:222, except that he or
she may hunt on the dates established in this administrative
regulation;
(4) An adult
accompanying a youth who is waterfowl hunting shall:
(a) Remain in a position to take immediate
control of the youth's firearm;
(b)
Not hunt ducks, coots, mergansers, and gallinules; and
(c) Not be required to possess a hunting
license or waterfowl permit if he or she is not hunting.
Section 10. A Special Veterans and
active Military Personnel Waterfowl Hunting Season.
(1) A veteran or active military personnel
shall only hunt waterfowl and gallinule on the Sunday before Thanksgiving and
the second Sunday in February.
(2)
Veteran hunters shall obey the provisions of
301 KAR 2:221 and
301 KAR 2:222, except that
applicable hunters shall only hunt on the dates established in this
administrative regulation.
(3)
While in the field during the special veterans and active military personnel
waterfowl hunting season, waterfowl hunters shall either have a state hunting
license showing veteran status or carry proof of their veteran or active
military personnel status. Acceptable forms of proof shall be a current
military identification card, a VA-issued identification card, state issued
driver's license or identification card with a veteran's designation, or an
original or copy of a DD Form 214, DD Form 215, NGB Form 22, NGB Form 22-a, or
DD Form 256.
Section 11.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Snow Geese Conservation Order Permit", April 2022; and
(b) "Snow Geese Conservation Order Permit
Survey", April 2022.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1
Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to
4:30 p.m. or online at:
(b)
https://app.fw.ky.gov/snowgoosesurvey/snowgoosesurvey.aspx
for the "Snow Geese Conservation Order Permit Survey.
STATUTORY AUTHORITY:
KRS
150.025(1),
150.360,
150.600,
50 C.F.R.
20,
21