Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
150.025,
150.175,
150.195
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025 authorizes the Department of Fish and
Wildlife Resources to promulgate administrative regulations to establish
hunting seasons, bag limits, and the methods of taking wildlife.
KRS
150.175 requires the department to establish
game permits to be used in combination with a statewide hunting license or
valid youth statewide license, as well as requirements on how those permits are
to be used. KRS
150.195(1) requires the
department to promulgate administrative regulations pertaining to the issuance
of, and other matters relating to, licenses and permits issued by the
department. This administrative regulation establishes the requirements for the
issuance and use of Special Agency Fundraising Permits.
Section 1. Definitions.
(1) "Elk hunt sweepstakes permit" means a
permit that allows the holder to harvest one (1) elk of either sex.
(2) "Immediate family" means a person's
spouse, mother, father, daughter, brother, sister, grandparent, or
son.
(3) "Premium combination big
game permit" means a permit that allows the holder to lawfully take during the
year of selection, one (1) elk of either sex and, in addition to the statewide
harvest limits, the following species: one (1) deer of either sex, one (1) bear
of either sex; and in the spring turkey season the year after selection, one
(1) legal spring turkey.
(4)
"Proceeds" means the amount of money received from the sale of applications for
special agency fundraising permits.
(5) "Special Agency Fundraising Permit" means
a Kentucky hunting permit subject to a special application and drawing process
to select the holder, that includes privileges to take specified big game
animals when used in conjunction with a statewide annual hunting
license.
(6) "Standard combination
big game permit" means a permit that allows the holder to lawfully take, in
addition to the statewide harvest limits, the following species: one (1) deer
of either sex, one (1) bear of either sex, and one (1) legal spring
turkey.
Section 2.
Application and Drawing Process.
(1) The
application period shall be August 1 of the year preceding through May 30
(midnight eastern time) of the year in which the drawing occurs.
(2) An applicant shall:
(a) Complete the application process on the
department's Web site at fw.ky.gov, in accordance with Section 1 of
301 KAR 5:030; and
(b) Pay the applicable nonrefundable
application fee for the permit desired, as follows:
1. For elk hunt sweepstakes permit and
premium combination big game permits:
a. Five
(5) dollars for residents and ten (10) dollars for nonresidents for one (1)
application;
b. Ten (10) dollars
for residents and twenty (20) dollars for nonresidents per bundle of three (3)
applications; and
c. Twenty-five
(25) dollars for residents and fifty (50) dollars for nonresidents per bundle
of ten (10) applications.
2. For standard combination big game permits:
a. Three (3) dollars for residents and six
(6) dollars for nonresidents for one (1) application;
b. Eight (8) dollars for residents and
sixteen (16) dollars for nonresidents per bundle of three (3) applications;
and
c. Twenty (20) dollars for
residents and forty (40) dollars for nonresidents per bundle of ten (10)
applications.
(3) An applicant may purchase an unlimited
number of applications or bundles of applications.
(4) The number of special agency fundraising
permits available per year shall be:
(a) One
(1) elk sweepstakes permit for a resident or nonresident holder;
(b) One (1) premium combination big game
permit for a resident or nonresident holder;
(c) One (1) standard combination big game
permit for a resident; and
(d) One
(1) standard combination big game permit for a nonresident.
(5) There shall be a random
electronic drawing conducted subsequent to the general elk hunt drawing each
year. This drawing shall be taken from among applications in each applicant
pool for the corresponding special agency fundraising permits available for
that fall's hunting seasons.
(a) Each drawing
shall be sequential, in the following order:
1. The elk hunt sweepstakes first;
2. The premium big game permit second;
and
3. The standard combination big
game permit, for selection of resident and nonresident permit holders,
third.
(b) If an
individual applicant is selected for the elk hunt sweepstakes permit or the
premium combination big game permit, that applicant shall be removed from the
other special agency fundraising permits applicant pools prior to the drawings
to determine the holders of those other permits.
(6) The commissioner shall extend the
application deadline if technical difficulties with the application system
prevent applications from being accepted for one (1) or more days during the
application period.
(7) An
applicant who is selected for a Kentucky elk hunt sweepstakes permit shall be
ineligible to receive the elk hunt sweepstakes permit in any subsequent
drawing.
(8) A person subject to a
waiting period resulting from being selected in the general Kentucky Elk Hunt
Drawing shall be eligible to apply for special agency fundraising
permits.
Section 3.
Issuance and Use of Permits.
(1) Upon
conclusion of the drawing process for special agency fundraising permits, the
department shall announce the drawing results on the agency Web site and issue
the permits to the recipients, subject to any applicable deferrals or transfers
as described in Section 4 of this administrative regulation, prior to the first
hunting season for which the permits are applicable.
(2) A permit holder shall only take animals:
(a) Through the use of legal hunting
equipment; and
(b) During the
normal season dates for which take is otherwise allowed.
(3) A permit holder shall carry proof of
purchase of a valid Kentucky hunting license, unless exempted from the
requirement to be licensed in accordance with
KRS
150.170.
(4) The holder of a permit that allows take
of an elk shall comply with the statewide bag limit of one (1) elk per hunter
per license year and other requirements in
301 KAR 2:132.
(5) The holder of a special agency
fundraising permit that includes privileges to take elk may use the permit in
any elk hunting unit open to hunting during any open elk hunting season on:
(a) Private land with permission from the
landowner; or
(b) Lands that are:
1. Owned or managed by the department;
and
2. The subject of public access
agreements between the landowners and the department.
(6) The permit holder referenced
in subsection (5) shall only use methods allowed during the season segment that
is open while he or she is hunting, as established in
301 KAR 2:132.
Section 4. Deferral or Transfer of
Permits.
(1) A recipient of a special agency
fundraising permit that includes privileges to take elk in Kentucky may:
(a) Defer use of the elk hunting privilege
included in the permit for one (1) year if he or she has previously obtained an
elk permit of any kind for use during the Kentucky elk hunting season to which
the special agency fundraising permit pertains; or
(b) Transfer use of the elk hunting privilege
included in the permit to one (1) member of his or her immediate family for use
during any hunting season to which the permit pertains.
(2) A holder wishing to transfer or defer use
of the elk hunting privilege included in a permit shall contact the office of
the commissioner in writing, no later than July 31 of the year in which he or
she is selected through the drawing for the permit.
Section 5. Goods or Services May Be Included.
The department may obtain goods or services of interest to prospective
applicants, through purchase, donation or sponsorship, to incentivize
applications for a special agency fundraising permit. The recipient of the
permit shall also receive applicable goods or services included in the drawing
for a permit, as posted on the agency Web site, except that a recipient may
refuse an applicable good or service at his or her choosing.
Section 6. Use of Fees. Fees from the sale of
special agency fundraising permits shall be deposited into the department's
restricted Fish and Game Fund account and used solely for agency operational
expenditures.
STATUTORY AUTHORITY:
KRS
150.025,
150.195
