Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
150.025,
150.0241,
150.170, 28 C.F.R. 35, 36, 43
C.F.R. 17
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025(1) authorizes the
department to promulgate administrative regulations necessary to carry out the
purposes of KRS Chapter 150.
KRS
150.179(2) authorizes the
department to approve certain special events that provide education or
appreciation of the recreational activity.
KRS
150.0241 authorizes the department to impose
and enforce special administrative regulations on lands managed for public
hunting, fishing, and related recreational uses. This administrative regulation
establishes procedures to allow individuals meeting defined criteria for
mentored events to boat, fish, hunt, shoot, or trap as part of a
department-approved activity or program. This administrative regulation
establishes prohibitions for certain actions inconsistent with the intended
purpose of conservation camp properties and establishes requirements for other
uses of these areas.
Section 1.
Definitions.
(1) "Adult" means a person who is
at least eighteen (18) years of age.
(2) "Bait":
(a) Means a substance composed of grains,
minerals, salt, fruits, vegetables, hay, or any other food materials, whether
natural or manufactured, that could lure, entice, or attract 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 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.
(3)
"Conservation camp" means a tract of land:
(a)
Controlled by the department through ownership, lease, license, or cooperative
agreement; and
(b) That is utilized
to host conservation camps.
(4) "Event" means a boating, fishing,
hunting, shooting, or trapping activity, conducted by the department.
(5) "Mentee" means an individual who is
participating or going to participate in a mentored event to receive guidance
and instruction from a mentor to learn the lawfully compliant methods and
techniques for engaging in the activity being performed in the mentored
event.
(6) "Mentor" means an adult
who:
(a) Has previously participated in a
particular activity;
(b) Is well
versed in the techniques, equipment, and safety concerns related to the
activity that is to occur at an event; and
(c) Passes a background check prior to
accompanying a mentee during a mentored event.
(7) "Mentored event" means an event during a
statewide season in which mentors accompany mentees.
(8) "Mobility-impaired" means an individual
who meets the requirements of
301 KAR 3:026, Section
2(1).
(9) "Novice" means a person
who has not:
(a) Held the applicable license
for an event activity for more than two (2) license years in total;
(b) Held the applicable license for an event
activity within the past three (3) years;
(c) Successfully harvested the targeted
species for an event within the past three (3) years; or
(d) For shooting and boating activities,
participated in the activity more than five (5) times within the past three (3)
years.
(10) "Participant"
means an individual who engages in boating, fishing, hunting, shooting, or
trapping, as part of an event.
Section
2. General Requirements.
(1)
Unless established in this administrative regulation, statewide requirements
shall apply.
(2) A person shall
only hunt or trap in the area assigned to them by department staff.
(3) While upon a conservation camp property,
a person shall not:
(a) Enter a portion of a
conservation camp property designated by signage as closed to public
access;
(b) Camp, except in a
designated area;
(c) Place or
distribute bait or otherwise participate in baiting wildlife on a conservation
camp property;
(d) Hunt over bait;
or
(e) Possess or be under the
influence of alcohol or "illicit substances", as defined by
KRS
351.010(1)(l), at any time
while on conservation camp property.
(4) Only individuals who possess valid hunter
education certification may participate in a hunting or trapping
event.
(5) To participate in an
event as a mentee, an individual shall be under eighteen (18) years of age or a
novice in the activity.
Section
3. Mentored Events.
(1) Unless
license exempt, as established in
KRS
150.170, the mentee shall abide by any
license requirements and daily harvest and possession limits.
(2) A mentor shall:
(a) Accompany a mentee;
(b) Remain in a position at all times to take
immediate control of a mentee's bow, crossbow, firearm, or any equipment used
to legally hunt, trap, or fish; and
(c) Not be required to possess a hunting
license or related permits for the mentor to:
1. Track and dispatch a wounded
animal;
2. Retrieve an animal;
or
3. Render other assistance in
accordance with KRS Chapter 150 and 301 KAR Chapters 2 and 3.
(3) A mentee shall:
(a) Accompany a mentor;
(b) Remain in a position at all times so that
the mentor may take immediate control of the mentee's bow, crossbow, firearm,
or any equipment used to legally hunt, trap, or fish; and
(c) Possess all required licenses and
permits.
Section
4. Mobility-impaired Individuals.
(1) Individuals who are participating in an
event, possess a Mobility-impaired Access Permit as established in
301 KAR 3:026, and carry the
permit on their person during the event, may, if otherwise qualified to do so
at the event:
(a) Discharge a firearm or other
legal hunting device from a motor vehicle if the vehicle is motionless and has
its engine turned off. The motor vehicle shall be used as a place to wait or
watch for game and shall not be used to chase, pursue, or drive game;
and
(b) Operate electric
wheelchairs, ATV's, and other passenger vehicles on or off gated, ungated, or
open-gated roads otherwise closed to vehicular traffic, but the individual
shall do so only on designated portions of camp property.
(2) ATV users shall adhere to manufacturer
recommendations while utilizing ATVs on camp property.
Section 5. General Requirements on Federally
Owned Areas.
(1) Unless established in this
administrative regulation, statewide requirements shall apply.
(2) A person shall:
(a) Not hunt except on assigned dates and in
assigned areas; and
(b) Comply with
all requirements established by the agency controlling the area.
STATUTORY AUTHORITY:
KRS
150.025(1),
150.179(2),
150.620
