Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.010,
150.240,
150.620,
150.640,
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, to regulate bag limits, and to make these
requirements apply to a limited area.
KRS
150.240(2) authorizes the
department to promulgate administrative regulations to establish permits for
public or commercial shooting areas.
KRS
150.620 authorizes the department's
Commission to acquire, improve, and maintain lands for public shooting,
fishing, and other recreational uses, to impose and enforce special regulations
in the maintenance and operation of these lands, to pay for the cost of the
operations and maintenance of these areas, and to charge fair and reasonable
fees to the public for use of these areas. This administrative regulation
establishes requirements for the use of the Otter Creek Outdoor Recreation
Area.
Section 1. Definitions.
(1) "Camp Piomingo" means a designated area
within Otter Creek Outdoor Recreation Area that is leased from the department
for an outdoor summer camp.
(2)
"Event" means a planned gathering of thirty (30) or more people twelve (12)
years or older on the area at the same time.
(3) "Shooting range" means a department
built:
(a) Firearm target range facility in
which a person is required to shoot through a metal tube at various stationary
targets; or
(b) Archery range
facility in which a person shoots at stationary targets from specified
locations.
Section
2. General Area Use Restrictions.
(1) A person, except for permit exempt
individuals, shall possess and carry:
(a) A
valid daily or annual Area Entry Permit when using the Otter Creek Outdoor
Recreation Area; and
(b) A valid
daily or annual Special Activities Permit if:
1. Biking on designated trails;
2. Horseback riding on designated trails;
or
3. Using designated shooting
range facilities.
(2) The department may enter into a lease
agreement with Camp Piomingo to establish an annual flat-rate fee that allows
permit-exempt use of the area by Camp Piomingo:
(a) Campers; and
(b) Staff.
(3) A person shall not be on the area when
the area is closed, except for:
(a) Registered
campers at the designated campground area;
(b) Authorized hunters;
(c) Department staff;
(d) Department authorized contractors;
or
(e) Individuals taking part in a
special activity or event authorized by the department.
(4) The department shall notify the public
when the area is closed by:
(a) A pre-recorded
phone message;
(b) An internet
posting; and
(c) Visible signage on
the area.
(5) A person
shall park vehicles in designated parking areas only.
(6) A person who is hunting, fishing,
trapping, or boating on the area shall follow all applicable administrative
regulation requirements pursuant to 301 KAR Chapters 1, 2, 3, and 6;
(7) The area shall be closed to the general
public, except for authorized hunters, during:
(a) A firearms deer quota hunt pursuant to
301
KAR 2:178; and
(b) Spring turkey season, pursuant to
301 KAR
2:142.
(8) The following activities are prohibited
without prior department authorization:
(a)
Cutting or removing live or standing trees, shrubs, or other
vegetation;
(b) Riding motorized
all-terrain or off-highway vehicles;
(c) Allowing unleashed dogs, except at times
and areas designated by the department;
(d) Camping, except in designated
areas;
(e) Setting fires, except
for attended fires:
1. In designated camping
areas; or
2. In grills at
designated picnic areas.
(f) Blocking a roadway or gate;
(g) Igniting fireworks or rockets;
(h) Participating in a commercial activity or
endeavor;
(i) Damaging or
destroying crops or wildlife food plots;
(j) Damaging or defacing buildings,
structures, signs, or other property;
(k) Hunting in an area closed to
hunting;
(l) Tethering a horse to a
tree, shrub, or sign; or
(m)
Discharging a firearm:
1. Within 100 yards of
a building;
2. Except on a
designated firearm shooting range; or
3. Except during an authorized hunting season
in an authorized hunting area.
Section 3. Trail Requirements.
(1) A person shall only ride a horse or bike
on designated trails or roadways.
(2) A person shall not possess a wheeled
vehicle other than a bike on a designated bike trail, except for department
authorized maintenance activities.
(3) A person shall not ride a bike or a horse
on designated trails that have been temporarily closed by the department due
to:
(a) Hunting activity;
(b) Wet conditions;
(c) Trail maintenance activity;
(d) Downed trees;
(e) Unsafe conditions; or
(f) An event authorized by the
department.
(4) The
department shall provide the public with a reasonable notification system for
temporary trail closures that includes:
(a) A
pre-recorded phone message;
(b) An
internet posting; and
(c) Visible
signage on the area.
Section 4. Event Permits.
(1) A group of people conducting an event
shall not meet on the area without first applying for and obtaining a completed
Event Permit from the department.
(2) A person, on behalf of the people
involved with an event, shall apply for an Event Permit at least thirty (30)
days in advance of the planned event.
(3) The application for an Event Permit shall
be on a form provided by the department.
(4) The department shall deny an Event Permit
if the planned activity or event:
(a) Is
prohibited pursuant to this administrative regulation; or
(b) Is in conflict with:
1. Another Event Permit activity already
authorized by the department;
2. A
hunting season;
3. A quota hunt;
or
4. Recreational use of the
area.
Section
5. Incorporation by Reference.
(1) "Otter Creek Event Permit Application",
2011 Edition, is incorporated by reference.
(2) The permit application 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, Monday
through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
150.025(1),
150.240(2),
150.620
