301 KAR 2:222. Waterfowl hunting requirements on public lands

Link to law: http://www.lrc.ky.gov/kar/301/002/222reg.htm
Published: 2015

TOURISM, ARTS AND

HERITAGE CABINET

Kentucky Department of Fish and Wildlife

Resources

(Amendment)

 

      301 KAR 2:222.

Waterfowl hunting requirements on public lands.

 

      RELATES

TO: KRS 150.010(40), 150.305(1), 150.330, 150.340(1), (3), 150.990

      STATUTORY

AUTHORITY: KRS 150.025(1), 150.360, 150.600(1), 50 C.F.R. 20, 21

      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(1) authorizes the

department to regulate the taking of waterfowl on public and private land. This

administrative regulation establishes requirements[procedures] 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) "Blind" means a:

      (a)

Concealed enclosure;

      (b)

Pit; or

      (c)

Boat.

      (2)

"Department blind" means a permanently fixed blind structure built by

the department.

      (3)

"Hunt site" means a specific location where waterfowl hunting is

allowed, as approved by the department or the U.S. Army Corps of Engineers.

      (4)

"Layout blind" means a portable blind that when fully deployed allows

one (1) person to be concealed above the surface of the ground.

      (5)

"Party" means:

      (a)

A person hunting alone; or

      (b)

Two (2) to four (4) people who share a department blind or hunt site.

      (6)

"Permanent blind" means a blind left in place by a waterfowl hunter

longer than twenty-four (24) hours.

      (7)

"Regular waterfowl season" means the open waterfowl season that does

not include the Light Goose Conservation Order or the September wood duck,

teal, and Canada goose seasons as established in 301 KAR 2:221 and 2:225.

      (8)

"Wildlife Management Area" or "WMA" means a tract of land:

      (a)

Controlled by the department through ownership, lease, license, or cooperative

agreement; and

      (b)

That has "Wildlife Management Area" or "WMA" as part of its

official name.

 

      Section

2. Shot Requirements. A person hunting waterfowl shall not use or possess a

shotgun shell:

      (1)

Longer than three and one-half (3 1/2) inches; or

      (2)

Containing:

      (a)

Lead shot;

      (b)

Shot not approved by the U.S. Fish and Wildlife Service for waterfowl hunting;

or

      (c)

Shot larger than size "T".

 

      Section

3. (1) Except as established in this section or in Section 4 of this

administrative regulation, on a Wildlife Management Area:

      (a)

A person hunting waterfowl shall not:

      1.

Establish or hunt from a permanent waterfowl blind;

      2.

Hunt within 200 yards of:

      a.

Another occupied hunt site;

      b.

Another legal waterfowl hunting party; or

      c.

An area closed to waterfowl hunting;

      (b)

A person shall not hunt in a designated recreation area or access point;

      (c)

More than four (4) persons shall not occupy a waterfowl blind or hunt site; and

      (d)

A hunter shall remove decoys and personal items daily, except that a hunter

drawn for a multiday hunt may choose to leave decoys in place for the duration

of the hunt.

      (2)

In order to establish or use a permanent waterfowl blind or hunt site on Lake

Barkley, Barren River Lake, Buckhorn Lake, Green River Lake, Nolin River Lake,

Paintsville Lake, Rough River Lake, Sloughs, or Doug Travis Wildlife Management

Areas, a person:

      (a)

Shall first obtain a waterfowl blind permit from the U.S. Army Corps of

Engineers or the department;

      (b)

May designate one (1) other person as a partner; and

      (c)

Shall not hold more than one (1) permit per area.

      (3)

A person who participates in a drawing for a hunt site permit shall:

      (a)

Be at least eighteen (18) years of age; and

      (b)

Possess:

      1.

A valid Kentucky hunting license;

      2.

A Kentucky waterfowl permit; and

      3.

A federal duck stamp.

      (4)

The holder of a hunt site permit shall:

      (a)

Construct or establish the blind or hunt site before November 20 or forfeit the

permit;

      (b)

Not lock a waterfowl blind; and

      (c)

Remove the blind and blind materials within thirty (30) days after the close of

the regular waterfowl season or be ineligible for a permit the following year,

unless an extension of time is granted by the department based on weather or

water level conflicts.

      (5)

A permanent blind, department blind, or blind site not occupied by the permit

holder one (1) hour before sunrise shall be available to another hunter on a

first-come, first-served basis.

      (6)

A waterfowl blind restriction established in this section shall not apply to a

falconer if a gun or archery season is not open.

 

      Section

4. Wildlife Management Area Requirements. (1) The regular waterfowl season

provisions shall apply, as established in 301 KAR 2:221, except as established

in this section.

      (2)

The provisions of this section shall not apply to a waterfowl hunting season

that opens prior to October 15, as established in 301 KAR 2:225.

      (3)

A person shall not:

      (a)

Hunt on an area marked by a sign as closed to hunting;

      (b)

Enter an area marked by signs as closed to public access; or

      (c)

Hunt a species on an area marked by signs as closed to hunting for that

species.

      (4)

On Wildlife Management Areas in Ballard County:

      (a)

The shotgun shell possession limit shall be fifteen (15), except that the

shotgun shell possession limit shall be twenty-five (25) if:

      1.

The daily bag limit for ducks is greater than three (3); and

      2.

The daily bag limit for Canada goose is greater than or equal to two (2); and

      (b)

At least one (1) person in a waterfowl blind shall be eighteen (18) years of

age or older if hunting in a department waterfowl blind or hunt site.

      (5)

At Ballard WMA:

      (a)

The duck, coot, merganser, and goose season shall be the second[first]

Wednesday in December through the last Sunday in January;

      (b)

Youth waterfowl season shall be the first full weekend in February;

      (c)

A person hunting waterfowl shall not hunt on Monday, Tuesday, Christmas Day, or

New Year's Day; and

      (d)

A person hunting waterfowl shall:

      1.

Apply for the waterfowl quota hunt as established in Section 5 of this

administrative regulation;

      2.

Not hunt waterfowl on the Ohio River from fifty (50) yards upstream of Dam 53

to fifty (50) yards downstream from the southern border of Ballard Wildlife

Management Area from October 15 through March 15; and

      3.

Exit the area by 2 p.m. during the regular waterfowl season, except as

authorized by the department.

      (6)

At Boatwright WMA, including the Olmsted, Peal, and Swan Lake units:

      (a)

A party shall:

      1.

Not hunt on Monday, Tuesday, Christmas Day, or New Year's Day;

      2.

Obtain a daily check-in card by 8 a.m. before entering the area from the second[first]

Wednesday in December through the last Sunday in January; and

      3.

Check out the same day by:

      a.

Visiting the designated Check station prior to 8 a.m.; or

      b.

Depositing the check-in card at a department-designated drop point after 8

a.m.;

      (b)

Duck season shall be open one-half (1/2) hour before sunrise to sunset

beginning Thanksgiving Day for four (4) consecutive days on areas of Boatwright

WMA that are open to hunting;

      (c)

A department blind or hunt site shall be assigned through a daily drawing

through the last Sunday in January;

      (d)

A department blind or hunt site shall be offered to another hunter on a

first-come, first-served basis, if the blind or hunt site has not been assigned

during the daily drawing;

      (e)

Waterfowl hunters shall exit the area by 2 p.m. during the regular waterfowl

season;

      (f)

A boat blind shall not be permitted in flooded timber, except:

      1.

During periods of flood if no other access is possible; or

      2.

A mobility-impaired hunter may hunt from a boat; and

      (g)

A party shall only hunt waterfowl:

      1.

From a department blind; or

      2.

From layout blinds set so that all layout blinds in the party lie within a

twenty-five (25) foot radius from the center of the party, and within 200 yards

of a hunt site in December and January during the regular waterfowl season.

      (7)

On the Peal unit of Boatwright WMA:

      (a)

More than seven (7) parties shall not hunt at the same time on Buck Lake or

Flat Lake;

      (b)

More than four (4) parties shall not hunt at the same time on Fish Lake;

      (c)

More than three (3) parties shall not hunt at the same time on First Lake or

Second Lake; and

      (d)

A party shall not hunt waterfowl except within twenty-five (25) feet of a hunt

site during December and January.

      (8)

On the Swan Lake Unit of Boatwright WMA:

      (a)

A person shall not hunt waterfowl from Thanksgiving Day through the second[first]

Tuesday in December;

      (b)

The area open to hunting during the regular waterfowl season shall be open for

the Light Goose Conservation Order season as established in 301 KAR 2:221; and

      (c)

Blind restrictions shall not apply to the Light Goose Conservation Order

season.

      (9)

Lake Barkley WMA.

      (a)

A permanent blind shall only be established within ten (10) yards of a blind

site.

      (b)

Waterfowl refuge areas shall be:

      1.

The area west of the Cumberland River channel, as marked by buoys, between

river mile fifty-one (51), at Hayes Landing Light, south to the Tennessee

Valley Authority's power transmission lines at river mile fifty-five and

five-tenths (55.5) shall be closed from November 1 through February 15; and

      2.

The area within Honker Bay and Fulton Bay, as marked by buoys and signs, which

shall be closed from November 1 through March 15.

      (c)

A person shall not hunt from October 15 through March 15:

      1.

On Duck Island; or

      2.

Within 200 yards of Duck Island.

      (10)

Barren River Lake WMA. A person hunting waterfowl:

      (a)

May use a breech-loading shotgun along the shoreline of the Peninsula Unit; and

      (b)

Shall not use a breech-loading firearm elsewhere on the area.

      (11)

Big Rivers WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (12)

Cedar Creek WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (13)

Miller Welch-Central Kentucky WMA. A person shall not hunt waterfowl from

October 15 through January 14.

      (14)[(12)]

Lake Cumberland WMA. The following sections shall be closed to the public from

October 15 through March 15:

      (a)

The Wesley Bend area, bounded by Fishing Creek, Beech Grove Road and Fishing

Creek Road; and

      (b)

The Yellowhole area, bounded by Fishing Creek Road and Hickory Nut Road.

      (15)

Dix River WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (16)[(13)

Pioneer Weapons WMA. A person hunting waterfowl:

      (a)

May use a breech-loading shotgun along the shoreline of Cave Run Lake; and

      (b)

Shall not use a breech-loading firearm elsewhere on the area.

      (14)]

Doug Travis WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (c)

A person hunting waterfowl shall exit the area by 2 p.m. during waterfowl

season, except as authorized by the department.

      (d)

On Black Lake, Fish Lake, Forked Lake, Indian Camp Lake, Number Four Lake, Town

Creek Moist Soil Unit, and Upper Goose Lake, all waterfowl hunting after

November 1:

      1.

Shall be from hunt sites assigned by a random preseason drawing; and

      2.

Shall be within ten (10) yards of a hunt site, including periods of Mississippi

River flooding.

      (17)[(15)]

Grayson Lake WMA. A person shall not hunt waterfowl:

      (a)

Within the no-wake zone at the dam site marina;

      (b)

From the shore of Camp Webb;

      (c)

On Deer Creek Fork; or

      (d)

Within three-quarters (3/4) of a mile from the dam.

      (18)[(16)]

Green River Lake WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (19)[(17)]

Kaler Bottoms WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (20)[(18)]

Kentucky River WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (21)[(19)]

Land Between the Lakes National Recreation Area.

      (a)

The following portions shall be closed to the public from November 1 through

March 15:

      1.

Long Creek Pond;

      2.

The eastern one-third (1/3) of Smith Bay, as marked by buoys; and

      3.

The eastern two-thirds (2/3) of Duncan Bay, as marked by buoys;

      (b)

The following portions shall be closed to waterfowl hunting:

      1.

The Environmental Education Center; and

      2.

Energy Lake.

      (c)

A person shall possess an annual Land Between the Lakes Hunting Permit if

hunting waterfowl:

      1.

Inland from the water's edge of Kentucky Lake or Barkley Lake; or

      2.

From a boat on a flooded portion of Land Between the Lakes when the lake level

is above elevation 359.

      (d)

A person shall not hunt waterfowl on inland areas during a quota deer hunt.

      (e)

A person shall not establish or use a permanent blind:

      1.

On an inland area; or

      2.

Along the Kentucky Lake shoreline of Land Between the Lakes.

      (f)

A person hunting waterfowl shall remove decoys and personal items daily.

      (22)[(20)]

Obion Creek WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (23)[(21)]

Ohio River Islands WMA.

      (a)

A person shall not hunt from October 15 through March 15 on the Kentucky portion

of the Ohio River from Smithland Lock and Dam upstream to the power line

crossing at approximately river mile 911.5.

      (b)

Stewart Island shall be closed to public access from October 15 through March

15.

      (c)

Shooting hours shall be one-half (1/2) hours before sunrise until 2 p.m.

      (d)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (24)[(22)]

Peabody WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (c)

The following areas, as posted by signs, shall be closed to the public from

October 15 through March 15:

      1.

The Sinclair Mine area, bounded by Hwy 176, the haul road, and Goose Lake Road;

and

      2.

The Ken area, bounded by Wysox Road, H2 Road, H1 Road, and H6 Road.

      (25)

Pioneer Weapons WMA. A person hunting waterfowl:

      (a)

May use a breech-loading shotgun along the shoreline of Cave Run Lake; and

      (b)

Shall not use a breech-loading firearm elsewhere on the area.

      (26)[(23)]

Robinson Forest WMA. The main block of the WMA shall be closed to waterfowl

hunting.

      (27)[(24)]

Sloughs WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (c)

A person hunting waterfowl shall exit the area by 2 p.m. during the regular

waterfowl season.

      (d)

On the Jenny Hole-Highlands Creek and Grassy Pond Powell's Lake units, a person

hunting waterfowl shall:

      1.

Hunt:

      a.

From a department blind;

      b.

Within twenty-five (25) yards of a hunt site; or

      c.

No closer than 200 yards of another hunting party; and

      2.

Remove decoys and personal items from the area on a daily basis.

      (e)

If the Ohio River reaches a level that requires boat access, a waterfowl

hunter:

      1.

May hunt from a boat without regard to department blinds; and

      2.

Shall not hunt closer than 200 yards from another boat.

      (f)

If hunting waterfowl on the Crenshaw and Duncan Tracts of the Sauerheber Unit:

      1.

A person shall hunt from a blind assigned by the department through a drawing

as established in Section 5 of this administrative regulation;

      2.

A person may occupy a permitted blind if not claimed by the permittee within

one (1) hour before sunrise;

      3.

A person shall not possess more than fifteen (15) shotgun shells, except that

the shotgun shell possession limit shall be twenty-five (25) if:

      a.

The daily bag limit for ducks is greater than three (3); and

      b.

The daily bag limit for Canada goose is greater than or equal to two (2);

      4.

If under eighteen (18) years of age, a person shall be accompanied by an adult;

and

      5.

The waterfowl blind for a mobility-impaired person shall be open to the public

if the permit holder or another mobility-impaired person has not claimed the

blind on that day by one (1) hour before sunrise.

      (g)

The Crenshaw and Duncan II tracts of the Sauerheber Unit shall be closed to

hunting except for:

      1.

Waterfowl from November 1 through March 15; and

      2.

The modern gun deer season.

      (h)

The remainder of the Sauerheber Unit shall be closed to the public from

November 1 through March 15.

      (i)

A hunter drawn to hunt Sloughs WMA through a preseason draw shall submit a

completed Sloughs WMA Waterfowl Hunter Survey Report at the conclusion of the

hunt or shall be ineligible to participate in the waterfowl blind or quota draw

the following year.

      (28)[(25)]

South Shore WMA.

      (a)

The WMA shall be closed to hunting from November 15 through January 15, except

for waterfowl and dove hunting.

      (b)

A hunter shall use a department blind.

      (c)

A department blind shall be available daily on a first-come, first-served

basis.

      (29)[(26)]

Taylorsville Lake WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (30)[(27)]

Yatesville Lake WMA. The following areas shall be closed to waterfowl hunting,

unless authorized by Yatesville Lake State Park:

      (a)

The Greenbrier Creek embayment; and

      (b)

The lake area north from the mouth of the Greenbrier Creek embayment to the

dam, including the island.

      (31)[(28)]

Yellowbank WMA. The area designated by a sign and painted boundary marker shall

be closed to the public from October 15 through March 15.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (32)[(29)

Cedar Creek WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (30)

Dix River WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

      (31)]

J.C. Williams WMA.

      (a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

      (b)

A person shall not enter a hunting area prior to 4 a.m. daily.

 

      Section

5. Ballard WMA and Sloughs WMA. (1) A person applying to hunt waterfowl on

Ballard WMA or the Sauerheber Unit of Sloughs WMA shall:

      (a)

Apply by:

      1.

Calling 1-877-598-2401 and completing the telephone application process; or

      2.

Completing the online Ballard or Sloughs Waterfowl Quota Hunt Form process on

the department’s Web site at fw.ky.gov;

      (b)

Apply from September 1 through September 30;

      (c)

Pay a three (3) dollar application fee for each application; and

      (d)

Not apply more than one (1) time for each hunt.

      (2)

A person drawn to hunt may bring up to three (3) additional hunters.

      (3)

A person shall be declared ineligible to hunt in department waterfowl quota

hunts during the remaining portion of the waterfowl season and declared

ineligible to apply for any department quota hunt the following year if the

hunter violates state or federal regulations while waterfowl hunting on WMAs

that have a preseason or daily drawing.

 

      Section

6. State Parks. (1) Waterfowl hunting shall be prohibited, except there shall

be an open waterfowl hunt December 13 through January 31 on designated areas of

state parks at:

      (a)

Barren River;

      (b)

Grayson Lake;

      (c)

Greenbo Lake;

      (d)

Lake Barkley;

      (e)

Lincoln Homestead;

      (f)

Nolin Lake;

      (g)

Paintsville Lake;

      (h)

Pennyrile Lake;

      (i)

Rough River Lake; and

      (j)

Yatesville Lake.

      (2)

Hunters shall check in each day at the front desk of the state park or a

designated check-in location on days that the park office is not open.

      (3)

During check-in hunters shall be provided a map showing designated areas of the

park that are open to waterfowl hunting.

      (4)

Hunters shall check out each day at the front desk of the state park or a

designated check-out location on days that the park office is not open.

 

      Section

7. Youth-Mentor and Mobility-Impaired Waterfowl Hunts. (1) There shall be

youth-mentor waterfowl hunts on the Minor Clark and Peter W. Pfeiffer fish

hatcheries each Saturday and Sunday in January.

      (2)

There shall be a mobility-impaired waterfowl hunt at Minor Clark Fish Hatchery

that is held concurrently with each youth-mentor hunt.

      (3)

A youth or mobility-impaired person shall register in advance and carry a

department provided postcard notification on the day of the hunt.

      (4)

A mobility-impaired person shall also submit a mobility-impaired access permit

pursuant to 301 KAR 3:026.

      (5)

Each youth shall be accompanied by an adult who is eighteen (18) years or

older.

      (6)

Each youth shall not be accompanied by more than one (1) adult.

      (7)

One (1) adult may accompany two (2) youths.

      (8)

A mobility-impaired hunter may be accompanied by no more than one (1) assistant

who may also hunt.

      (9)

A person shall:

      (a)

Hunt from an established blind; and

      (b)

Not change blinds.

      (10)

A blind shall not be used by more than four (4) hunters.

      (11)

A person shall only discharge a firearm from a blind.

      (12)

A person shall not possess more than fifteen (15) shotshells.

      (13)

A waterfowl hunter, mentor, or assistant shall immediately retrieve downed

birds.

      (14)

A person shall encase a firearm if traveling to and from a blind.

      (15)

A hunter shall:

      (a)

Cease hunting by noon; and

      (b)

Exit the area by 1 p.m.

      (16)

All decoys and equipment shall be removed at the end of each day’s hunt.

      (17)

A hunter shall report harvest by depositing a completed hunt permit at the

designated location.

 

      Section

8. Incorporation by Reference. (1) The following material is incorporated by

reference:

      (a)

"Sloughs WMA Waterfowl Hunter Survey Report", January 2014; and

      (b)

"Ballard or Sloughs Waterfowl Quota Hunt Form", January 2014.

      (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.

the

Fish and Wildlife Commission

 

GREGORY

K. JOHNSON, Commissioner

ROBERT

H. STEWART, Secretary

      APPROVED

BY AGENCY: October 23, 2015

      FILED

WITH LRC: November 3, 2015 at 11 a.m.

      PUBLIC

HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative

regulation shall be held on December 21, 2015, at 10 a.m. at the Department of

Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell

Building, #1 Sportsman’s Lane, Frankfort, Kentucky. Individuals interested in

attending this hearing shall notify this agency in writing by five business

days prior to the hearing of their intent to attend. If no notification of

intent to attend the hearing is received by that date, the hearing may be

canceled. This hearing is open to the public. Any person who attends will be

given an opportunity to comment on the proposed administrative regulation. A

transcript of the public hearing will not be made unless a written request for

a transcript is made. If you do not wish to attend the public hearing, you may

submit written comments on the proposed administrative regulation by close of

business January 4, 2016. Send written notification of intent to attend the

public hearing or written comments on the proposed administrative regulation

to:

      CONTACT

PERSON: Rose Mack, Department of Fish and Wildlife Resources, Arnold L.

Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone (502)

564-3400, fax (502) 564-9136, email fwpubliccomments@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact

Person: Rose Mack

      (1)

Provide a brief summary of:

      (a)

What the administrative regulation does: This administrative regulation

establishes waterfowl seasons, bag limits and requirements on public lands

within federal migratory bird hunting frameworks established in 50 C.F.R. Part

20 according to the U.S. Fish and Wildlife Service (USFWS).

      (b)

The necessity of the administrative regulation: The necessity of this

administrative regulation is to establish the 2015-2016 waterfowl hunting

requirements on public lands in accordance with the USFWS and Department

management objectives.

      (c)

How does this administrative regulation conform to the authorizing statute: KRS

150.025(1) authorizes the department to establish hunting season dates, bag

limits and other hunting requirements. KRS 150.360 authorizes the department to

restrict methods and hunting hours for taking wildlife. KRS 150.600(1)

authorizes the department to regulate the taking of waterfowl on public and

private land. This

administrative regulation establishes procedures for the taking of waterfowl

within reasonable limits and within the frameworks established by 50 C.F.R.

Parts 20 and 21.

      (d)

How will this administrative regulation assist in the effective administration

of the statutes: This administrative regulation assists the above statutes by

managing waterfowl populations and hunting opportunity consistent with state

and national management requirements and strategies.

      (2)

If this is an amendment to an existing administrative regulation, provide a

brief summary of:

      (a)

How the amendment will change the existing administrative regulation: This

amendment sets a daily stop times for waterfowl hunting on Big Rivers WMA and allows

for the creation of seasonally drawn blinds at Doug Travis WMA Town Creek Moist

Soil Unit.

      (b)

The necessity of the amendment to this administrative regulation: This

amendment is necessary to provide quality public hunting opportunity with

minimal area use conflict that is consistent with meeting state and federal

waterfowl management objectives.

      (c)

How does the amendment conform to the authorizing statutes: See (1)(c) above.

      (d)

How the amendment will assist in the effective administration of the statutes:

See (1)(d) above.

      (3)

List the type and number of individuals, businesses, organizations or state and

local governments that will be affected: There are approximately 20,000

waterfowl hunters in Kentucky that may be affected by this administrative

regulation.

      (4)

Provide an analysis of how the entities identified in question (3) will be

impacted by either the implementation of this administrative regulation, if new

of by the change, if it is an amendment, including:

      (a)

List the actions that each of the regulated entities identified in question (3)

will have to take to comply with this administrative regulation or amendment:

The amendments in season dates and hunting requirements will be published in

the fall waterfowl hunting guide and on the department’s website. Hunters will

need to follow all applicable amendments to the hunting seasons.

      (b)

In complying with this administrative regulation or amendment, how much will it

cost each of the entities identified in question (3): There will be no

additional or amended costs to those identified in question (3).

      (c)

As a result of compliance, what benefits will accrue to the entities identified

in question (3): There will be continued opportunity for quality waterfowl

hunting on public areas.

      (5)

Provide an estimate of how much it will cost to implement this administrative

regulation:

      (a)

Initially: This administrative regulation change will not result in any

additional cost for the Department to administer initially.

      (b)

On a continuing basis: There will be no additional cost on a continuing basis.

      (6)

What is the source of funding to be used for implementation and enforcement of

this administrative regulation? The source of funding is the State Game and

Fish fund.

      (7)

Provide an assessment of whether an increase in fees or funding will be

necessary to implement this administrative regulation, if new, or by the change

if it is an amendment. It will not be necessary to increase any other fees or

funding to implement this administrative regulation.

      (8)

State whether or not this administrative regulation establishes any fees

directly or indirectly increases any fees: This administrative regulation does

not establish any fees directly or increase fees indirectly.

      (9)

TIERING: Is tiering applied? Tiering was not applied. The same guidelines and

limits apply to all waterfowl hunters.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1)

What units, parts, or divisions of state or local government (including cities,

counties, fire departments, or school districts) will be impacted by this

administrative regulation? The Department’s Wildlife Division and Law

Enforcement Division.

      (2)

Identify each state or federal statute or federal regulation that requires or

authorizes the action taken by the administrative regulation. 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(1) authorizes the department to regulate the taking of waterfowl on

public and private land. This administrative regulation establishes procedures

for the taking of waterfowl within reasonable limits and within the frameworks established

by 50 C.F.R. Parts 20 and 21.

      (3)

Estimate the effect of this administrative regulation on the expenditures and

revenues of a state or local government agency (including cities, counties,

fire departments, or school districts) for the first full year the

administrative regulation is to be in effect.

      (a)

How much revenue will this administrative regulation generate for the state or

local government (including cities, counties, fire departments, or school

districts) for the first year? No revenue will be generated by this

administrative regulation amendment for the first year.

      (b)

How much revenue will this administrative regulation generate for the state or

local government (including cities, counties, fire departments, or school

districts) for subsequent years? No revenue will be generated by this

administrative regulation amendment in subsequent years.

      (c)

How much will it cost to administer this program for the first year? No new

costs will be incurred in the administration of this program for the first

year.

      (d)

How much will it cost to administer this program for subsequent years? No new

costs will be incurred in the administration of this program in subsequent

years.

      Note:

If specific dollar estimates cannot be determined, provide a brief narrative to

explain the fiscal impact of the administrative regulation.

      Revenues

(+/-):

      Expenditures

(+/-):

      Other

Explanation:

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

      1.

Federal statute or regulation constituting the federal mandate. Wildlife and

Fisheries, Federal Code of Regulations, 50 C.F.R. Part 20, Migratory Bird

Hunting; Part 21, Migratory Bird Permits.

      2.

State compliance standards. The Department of Fish and Wildlife Resources sets

migratory birds seasons within the frameworks established by the U.S. Fish and

Wildlife Service and published in 50 C.F.R. Parts 20 and 21.

      3.

Minimum or uniform standards contained in the federal mandate. 50 C.F.R. Part

20 contains season frameworks for the earliest opening and latest closing date,

the maximum number of days a species is open to hunting, and daily bag and

possession limits. 50 C.F.R. Part 21 defines permits and the necessary

requirements to hold and possess migratory game birds before, during and after

periods open for hunting.

      4.

Will this administrative regulation impose stricter requirements, or additional

or different responsibilities or requirements, than those required by the

federal mandate? Yes.

      5.

Justification for the imposition of the stricter standard, or additional or

different responsibilities or requirements. The federal mandate defines the

regulatory frameworks that a state may allow. States are permitted to be more

restrictive but not more liberal in their respective regulations. State

management objectives necessitate more restrictive regulations to protect

local, regional and/or state populations of birds important to Kentucky’s

waterfowl hunters. The greatest wintering and migrating waterfowl

concentrations are located on public lands managed by the Department. The

Department imposes more restrictive hunting regulations on these lands in

effort to meet waterfowl management objectives while still providing quality

hunting opportunity.
Read Entire Law on www.lrc.ky.gov