Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.170,
150.180,
150.370,
150.399,
150.415,
150.416,
150.990,
150.995
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025(1) authorizes the
department 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.
KRS
150.175(7), (9) authorizes
the department to issue licenses, permits, and tags for hunting and trapping.
KRS
150.360 requires restrictions on the taking
of wildlife and authorizes the department to promulgate administrative
regulations establishing the requirements for hunting coyotes at night.
KRS
150.400 authorizes the department to
establish the types of traps that can legally be used by trappers.
KRS
150.410 authorizes the department to regulate
trap tags, trap visitation, and trap placement to protect domestic animals.
This administrative regulation establishes seasons, bag limits, legal methods
of take, and checking and recording requirements for hunting and trapping
furbearers.
Section 1. Definitions.
(1) "Body-gripping trap" means a commercially
manufactured spring-loaded trap designed to kill an animal upon
capture.
(2) "Dry land set" means a
trap that is placed so that no portion of the trap touches the water of a
river, stream, pond, lake, wetland, or other water course.
(3) "Foothold trap" means a commercially
manufactured spring-loaded trap with smooth, metallic or rubber soft-catch jaws
that close upon an animal's foot.
(4) "Furbearer" means mink, muskrat, beaver,
raccoon, opossum, gray fox, red fox, least weasel, long-tailed weasel, river
otter, bobcat, coyote, or striped skunk.
(5) "Hunter" means a person legally taking
furbearers by means other than trapping.
(6) "Otter Zone 1" means the following
counties: Anderson, Ballard, Bath, Boone, Bourbon, Bracken, Breckinridge,
Bullitt, Caldwell, Calloway, Campbell, Carlisle, Carroll, Christian,
Crittenden, Daviess, Fayette, Fleming, Franklin, Fulton, Gallatin, Grant,
Graves, Grayson, Hancock, Hardin, Harrison, Henderson, Henry, Hickman, Hopkins,
Jefferson, Kenton, Larue, Livingston, Lyon, Marshall, Mason, McCracken, McLean,
Meade, Muhlenberg, Nelson, Nicholas, Ohio, Oldham, Owen, Pendleton, Robertson,
Rowan, Scott, Shelby, Spencer, Trigg, Trimble, Union, Webster, and
Woodford.
(7) "Otter Zone 2" means
all Kentucky counties not included in subsection (6) of this section.
(8) "Snare" means a wire, cable, or string
with a knot, loop, or a single piece closing device, the deployment of which is
or is not spring-assisted, but any spring-assisted device is not for the
purpose of applying tension to the closing device.
(9) "Squaller" means a hand-operated,
mouth-operated, or electronic call capable of mimicking the vocalizations of
furbearers.
(10) "Trap" means a
body-gripping trap, box trap, deadfall, foothold trap, snare, or wire cage trap
used to catch furbearers, in the set or unset position.
(11) "Water set" means a trap placed in the
water of a river, stream, pond, lake, wetland, or other water course so that a
portion of the trap body is underwater.
(12) "Youth" means a person under the age of
sixteen (16) by the date of the hunt or the trapping date.
Section 2. License and Permit Requirements.
Unless exempted by KRS 150.170, a person shall
carry on his or her person a valid:
(1)
Hunting license while hunting furbearers; and
(2) Bobcat hunting permit while hunting
bobcat; or
(3) Trapping license
while trapping furbearers.
Section
3. Furbearer Hunting Seasons. Except as established in
301 KAR 2:049, a person shall
only take furbearers by hunting during the seasons established in subsections
(1) through (5) of this section:
(1) Bobcat,
from one-half (1/2) hour before sunrise on the third Saturday in November
through the last day of February;
(2) Coyote, year-round;
(3) Raccoon and opossum, October 1 through
the last day of February;
(4) All
other furbearers except as established in subsection (5) of this section, from
one-half (1/2) hour before sunrise on the third day of modern gun deer season
through the last day of February; and
(5) Furbearers taken by falconry, September 1
through March 30.
Section
4. Furbearer Trapping Season. Except as established in
301 KAR 2:049, a person shall
only take furbearers by trapping from one-half (1/2) hour before sunrise on the
third day of the modern gun deer season through the last day of
February.
Section 5. License-Exempt
Youth Season. For seven (7) consecutive days beginning on the Saturday after
Christmas, a youth may hunt or trap furbearers without a license, but all other
statewide requirements shall apply.
Section
6. Legal Hunting Equipment. Except as established in Section 7(8)
of this administrative regulation, a hunter shall only use the equipment
established in subsections (1) through (7) of this section to hunt furbearers:
(1) Centerfire gun;
(2) Rimfire gun;
(3) Shotgun;
(4) Muzzleloader;
(5) Bow and arrow;
(6) Crossbow; or
(7) An air gun using pellets at least .22
caliber in size.
Section
7. Hunter Restrictions.
(1)
Furbearers may be taken during daylight hours only, except for the following,
which may also be taken after daylight hours:
(a) Coyote;
(b) Opossum; or
(c) Raccoon.
(2) A person shall not take a raccoon or
opossum during daylight hours during the modern gun deer season, as established
in 301 KAR 2:172.
(3) A person hunting from a boat shall not
use a light in conjunction with taking a raccoon or opossum.
(4) A person shall not use the following
while chasing a raccoon or opossum from noon on March 1 through September 30;
(a) A firearm;
(b) Slingshot;
(c) Tree climber; or
(d) Any device to kill, injure, or force a
raccoon or opossum from a tree or den.
(5) A person may use a squaller
year-round.
(6) There shall not be
a closed season on:
(a) Chasing red and gray
foxes during daylight hours for sport and not to kill; or
(b) Chasing raccoons or opossums for sport
and not to kill.
(7) A
hunter may use a hand or mouth-operated call, electronic call, or any other
attracting device during a furbearer hunting season.
(8) A person may take a coyote after daylight
hours year-round, except that:
(a) It shall
not be allowed in a county or area where a deer or elk firearm season is
open;
(b) Artificial light or other
means designed to make wildlife visible at night shall only be used from
December 1 through March 31, and from May 16 through June 30 on public and
private land;
(c) Any artificial
light or other means designed to make wildlife visible at night shall not be
connected to or cast from a mechanized vehicle;
(d) A holder of a valid Mobility-Impaired
Access Permit or Hunting Methods Exemption - Vehicle Permit may use a
stationary vehicle as a hunting platform and may cast lights or other means
designed to make wildlife visible at night so long as the means used are not
connected to the vehicle;
(e) On
public land, a person shall not use any equipment other than a bow, crossbow,
or shotgun and shall not use a shotgun shell with a
single-projectile;
(f) On private
land, a person shall not use any equipment other than a bow, crossbow, or
shotgun and shall not use a shotgun shell with a single-projectile, except that
from December 1 through March 31 and May 16 through June 30 a person may also
use a muzzleloader of .54 caliber or less, a shotgun shell with a single
projectile, or any modern firearm, including any rifle, pistol, or shotgun
loaded from the rear of the barrel.
Section 8. Legal Traps.
(1) A person who is trapping with a dry land
set shall only use traps as established in paragraphs (a) through (e) of this
subsection:
(a) Deadfall;
(b) Wire cage or box trap;
(c) Foothold trap with a maximum inside jaw
spread of six (6) inches measured perpendicular to the hinges;
(d) A snare; or
(e) Except as established in
301 KAR 2:049, a body-gripping
trap with a maximum inside jaw spread of seven and one-half (7 1/2) inches
measured parallel with the trigger:
1. In the
center of the trap; and
2. In the
unset position.
(2) There shall be no restrictions on the
size or type of trap used as a water set, except that any body-gripping trap
greater than twenty (20) inches in width shall be set so that the trap is
completely submerged underwater.
Section 9. Trapper Restrictions.
(1) A person trapping on private land shall
not place traps used as dry land sets any closer than ten (10) feet apart
unless possessing written permission from the landowner or the landowner's
designee, except that there shall not be more than three (3) traps placed
within any ten (10) foot spacing.
(2) The trap spacing requirement established
in subsection (1) of this section shall not apply to:
(a) Box or cage live traps; or
(b) Properties of five (5) acres or
less.
(3) A trap shall
not be set in a trail or path commonly used by a human or a domestic
animal.
(4) A trapper may use
lights from a boat or a vehicle in conjunction with trapping
furbearers.
Section 10.
Trap Tags.
(1) Each trap shall have a metal
tag attached to it that clearly shows:
(a) The
name and address of the person setting, using, or maintaining the trap;
or
(b) A wildlife identification
number issued by the department and the 1-800-25ALERT department hotline phone
number.
(2) A person
applying for a wildlife identification number shall apply by:
(a) Completing the Wildlife Identification
Number for Trap Tags - Application available on the department's Web site at
fw.ky.gov; or
(b) Calling the
department's information center at 1-800-858-1549.
(3) The following information shall be
required for a person to apply for a wildlife identification number:
(a) Name;
(b) Current home address;
(c) Social Security number;
(d) Current phone number;
(e) Date of birth; and
(f) Driver's license number, if
available.
(4) A person
shall:
(a) Not use a trap tag that has an
inaccurate or outdated address;
(b)
Not use a trap tag that has a wildlife identification number that corresponds
to an inaccurate or outdated address or phone number; and
(c) Contact the department to provide updated
address and phone number.
(5) A wildlife identification number shall be
valid for the life of the holder.
Section 11. Bag Limits.
(1) There shall not be a bag limit on
furbearers, except as established in subsections (2) through (6) of this
section.
(2) A person shall not
take more than five (5) bobcats per season, no more than three (3) of which
shall be taken with a gun, except as established in subsection (3) of this
section.
(3) Hunters and trappers
may increase their bobcat bag limit for the following season, under the
following criteria:
(a) A hunter or trapper
who submits lower jaws from all harvested bobcats in a single season may
receive one (1) additional bobcat to the bag limit for the following season for
every two (2) jaws submitted.
(b)
Additions to the bobcat bag limit also increase the allowable number of bobcats
that may be taken with a gun.
(c)
Hunters and trappers shall submit all lower jaws, from bobcats they harvest
during a single season, to the department by March 15th the year the season
ends to be eligible for bag limit incentives. Instructions how to remove and
submit the lower jaws can be obtained from the department's Web site at
fw.ky.gov.
(d) Additions of bobcats
to bag limits are non-transferable.
(4) A person shall not take more than ten
(10) river otters per season in Otter Zone 1.
(5) A person shall not take more than six (6)
river otters per season in Otter Zone 2.
(6) The total river otter bag limit per
season shall be ten (10) per person, only six (6) of which can be taken from
Otter Zone 2.
(7) A falconer
hunting within the falconry season, but outside the dates specified in Section
3(3) and (4) of this administrative regulation, shall not take more than two
(2) of any furbearer per day.
Section
12. Harvest Recording.
(1)
Immediately after harvesting a river otter or bobcat, and prior to moving the
carcass, a person shall record in writing the:
(a) Species;
(b) Date;
(c) County where taken; and
(d) Sex of the river otter or
bobcat.
(2) The
information required by subsection (1)(a) through (d) of this section shall be
documented on:
(a) The hunter's log section on
the reverse side of a license or permit;
(b) A hunter's log printed from the
department's Web site at fw.ky.gov;
(c) A hunter's log available from any KDSS
agent; or
(d) An index card or
similar card.
(3) A
person shall retain and possess the completed hunter's log while hunting or
trapping during the current season.
Section 13. Checking a River Otter or Bobcat.
(1) A person who harvests a river otter or
bobcat shall check each animal by:
(a)
Completing the telecheck process after calling 800-245-4263 or completing the
check-in process on the department's Web site at fw.ky.gov:
1. Before midnight on the day the river otter
or bobcat is recovered;
2. Prior to
processing the carcass; and
3.
Prior to transporting the raw fur, pelt, or unskinned carcass out of Kentucky;
and
(b) Writing the
check-in confirmation number on the hunter's log as established in this
section.
(2) A person
who intends to sell the raw fur of a river otter or bobcat to a licensed fur
processor, fur buyer, or taxidermist or wishing to export a river otter or
bobcat pelt outside the United States shall:
(a) Contact the department and request a
Convention on International Trade of Endangered Species of Flora and Fauna
(CITES) tag by providing:
1. A valid check-in
confirmation number as established in subsection (1) of this section;
and
2. A street address where the
tag is to be mailed; or
(b) Complete the CITES tag request form on
the department's Web site at fw.ky.gov.
(3) A person who is transferring a river
otter or bobcat that does not have an attached CITES tag shall attach to the
carcass a handmade tag that contains the:
(a)
Confirmation number;
(b) Hunter or
trapper's name; and
(c) Hunter or
trapper's phone number.
(4) A person shall not knowingly provide
false information when:
(a) Completing the
hunter's log;
(b) Checking a river
otter or bobcat;
(c) Completing a
CITES tag request form; or
(d)
Creating a handmade carcass tag.
(5) A CITES tag shall be attached to the raw
fur, pelt, or unskinned carcass upon receipt of the tag from the department per
the instructions provided by the department and remain attached until it is
processed or exported outside the United States.
(6) Possession of an unused CITES tag issued
by the department shall be prohibited.
Section 14. Transporting and Processing a
River Otter or Bobcat.
(1) A person shall not
sell the raw fur of a river otter or bobcat except to a licensed:
(a) Fur buyer;
(b) Fur processor; or
(c) Taxidermist.
(2) A taxidermist, fur buyer, or fur
processor shall:
(a) Not accept a river otter
or bobcat carcass or any part thereof without a proper carcass tag or CITES tag
as established in Section 13 of this administrative regulation; and
(b) Retain the information established in
subparagraphs 1. through 4. of this paragraph from a hunter or trapper:
1. Name;
2. Address;
3. Confirmation number or CITES tag number;
and
4. Date received for each river
otter or bobcat.
Section 15. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Wildlife Identification Number
for Trap Tags - Application", 2014 edition; and
(b) "CITES Tag Request" form, 2014
edition.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Department of Fish and Wildlife Resources, #1 Sportsman's Lane,
Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. Eastern
Time.
STATUTORY AUTHORITY:
KRS
150.025(1),
150.175(7),
(9),
150.360,
150.400,
150.410