STATEMENT OF EMERGENCY
301 KAR 2:225E
This
emergency administrative regulation establishes season dates, limits, shooting
hours, and other requirements for hunting dove, woodcock, snipe, and other
migratory game birds. Migratory bird hunting season frameworks are established
annually by the U.S. Fish and Wildlife Service. Under federal law, states that
wish to establish migratory bird hunting seasons shall do so within the federal
frameworks. Development of the federal regulations involves consideration of
harvest and population status data, coordination with state wildlife agencies,
and public involvement. Consequently, federal migratory bird hunting
regulations are promulgated less than six (6) weeks before the opening dates of
the hunting season in Kentucky. An ordinary administrative regulation will not
suffice because the federal framework is not established until days before the
start of the migratory bird season. This emergency administrative regulation
will be filed with an ordinary administrative regulation. The ordinary
administrative regulation is identical to this emergency administrative
regulation.
STEVEN
L. BESHEAR, Governor
GREGORY
K. JOHNSON, Commissioner
TOURISM, ARTS AND HERITAGE CABINET
Kentucky Department of Fish and
Wildlife Resources
(Emergency Amendment)
301
KAR 2:225E. Dove, wood duck, teal, and other migratory game bird hunting.
RELATES
TO: KRS 150.330, 150.340, 150.603
EFFECTIVE:
August 21, 2015
STATUTORY
AUTHORITY: KRS 150.025(1), 150.360, 150.600, 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 for the taking of wildlife. KRS 150.600 authorizes the
department to regulate the taking of waterfowl on public and private land. This
administrative regulation establishes the requirements for the taking of
migratory game birds within reasonable limits[based upon an adequate supply,]
and within the frameworks established by 50 C.F.R. Parts 20 and 21.
Section
1. Definitions. (1) "Dove" means mourning dove or white-winged dove.
(2)
"Migratory game bird" means mourning dove, white-winged dove, wood
duck, teal, Canada goose, common gallinule[moorhen], woodcock,[common]
snipe, purple gallinule, Virginia rail, or sora rail.
(3)
"Teal" means green-winged teal, blue-winged teal, or cinnamon teal.
(4)
"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. Season Dates. (1) A person shall not hunt a migratory game bird except
during a season established in this administrative regulation.
(2)
The following seasons shall apply to
migratory bird hunting:
(a)
Dove, beginning on:
1.
September 1 for fifty-six (56) consecutive days;
2.
Thanksgiving Day for eleven (11) consecutive days; and
3.
The Saturday before Christmas for twenty-three (23)
consecutive days;
(b)
Woodcock, beginning on November 1 for forty-five (45) consecutive days;
(c)[Common]
Snipe, beginning on:
1.
The third Wednesday in September for forty (40) consecutive days; and
2.
Thanksgiving Day for sixty-seven (67) consecutive days;
(d)
Wood duck, beginning on the third Saturday[Wednesday] in
September for five (5) consecutive days;
(e)
Teal, beginning on the third Saturday[Wednesday] in September for
nine (9) consecutive days;
(f)
Virginia rail, sora rail, common gallinule[moorhen], and purple
gallinule, beginning on September 1 for seventy (70) consecutive days; and
(g)
Canada goose, beginning September 1 for fifteen (15) consecutive days except
that the following areas, as established in 301 KAR 2:224, shall be closed:
1.
Public land in the Ballard Zone;
2.
Public land in the West-Central Goose Zone; and
3.
The Northeast Goose Zone.
Section
3. Bag and Possession Limits. (1) A person shall not exceed the following
limits:
(a)
Dove:
1.
Daily limit of fifteen (15); and
2.
Possession limit of forty-five (45).
(b)
Eurasian collared dove: No limit, except that a hunter, if in the field or
during transport, shall keep one (1) of the following attached to the bird:
1.
The head; or
2.
A fully-feathered wing.
(c)
Woodcock:
1.
Daily limit of three (3); and
2.
Possession limit of nine (9).
(d)[Common]
Snipe:
1.
Daily limit of eight (8); and
2.
Possession limit of twenty-four (24).
(e)
Virginia and sora rail, singly or in aggregate:
1.
Daily limit of twenty-five (25); and
2.
Possession limit of seventy-five (75).
(f)
Common[moorhen] and purple gallinule, singly or in aggregate:
1.
Daily limit of three (3)[fifteen (15)]; and
2.
Possession limit of nine (9)[forty-five (45)].
(g)
Wood duck and teal:
1.
Daily limit of six (6), which shall not include more than two (2) wood ducks;
and
2.
Possession limit of eighteen (18), which shall not include more than six (6)
wood ducks.
(h)
Canada goose:
1.
Daily limit of five (5); and
2.
Possession limit of fifteen (15).
(2)
A hunter who possesses a migratory game bird other than a dove, in the field or
during transport, shall keep one (1) of the following attached to the bird:
(a)
The head; or
(b)
A fully-feathered wing.
Section
4. Shooting Hours. A person shall not take a migratory game bird except during
the times established in this section. (1) If hunting dove on WMA land, a
person shall hunt:
(a)
Between 11 a.m. and sunset during the September and October portion of the
season, as established in Section 2 of this administrative regulation; and
(b)
Between one-half (1/2) hour before sunrise and sunset during the remainder of
the season, as established in Section 2 of this administrative regulation.
(2)
If hunting dove on private land, a person shall hunt:
(a)
Between 11 a.m. and sunset on September 1; and
(b)
Between one-half (1/2) hour before sunrise and sunset during the remainder of
the season, as established in Section 2 of this administrative regulation.
(3)
Other species listed in this administrative regulation shall be taken between
one-half (1/2) hour before sunrise and sunset.
Section
5. 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 pursuant to 50 C.F.R.
Parts 20 and 21 for waterfowl hunting; or
(c)
Shot larger than size "T".
Section
6. Hunter Orange. A person shall be exempt from hunter orange requirements
pursuant to 301 KAR 2:132 and 2:172 if:
(1)
Hunting waterfowl or doves; or
(2)
Accompanying a person hunting waterfowl or doves.
Section
7. Exceptions to Statewide Migratory Game Bird Seasons on Specified Wildlife
Management Areas. (1) A person shall not:
(a)
Hunt wood duck or teal on an area closed to waterfowl hunting as established in
301 KAR 2:222;
(b)
Hunt in an area marked by a sign as closed to hunting; or
(c)
Enter an area marked by a sign as closed to the public.
(2)
A person hunting dove on any of the following areas shall only use or possess
nontoxic shot approved by the U.S. Fish and Wildlife Service pursuant to 50
C.F.R. Parts 20 and 21:
(a)
Ballard WMA;
(b)
Boatwright WMA;
(c)
Doug Travis WMA;
(d)
Duck Island WMA;
(e)
Kaler Bottoms WMA;
(f)
Kentucky River WMA;
(g)
Ohio River Islands WMA;
(h)
Sloughs WMA;
(i)
South Shore WMA;
(j)
Yatesville Lake WMA; and
(k)
A WMA wetland management unit that is posted by sign.
(3)
At Ballard WMA, a person shall not hunt:
(a)
Dove, Virginia rail, sora rail, common gallinule[moorhen], purple
gallinule, or snipe after October 13; or
(b)
Woodcock.
(4)
In the Swan Lake Unit of Boatwright WMA, a person shall not hunt:
(a)
Dove, Virginia rail, sora rail, common gallinule[moorhen], purple
gallinule, or snipe after October 13; or
(b)
Woodcock.
(5)
At Miller Welch - Central Kentucky WMA, a person shall not hunt:
(a)
Dove or snipe after October 13; or
(b)
Woodcock.
(6)
At Grayson Lake WMA, a person shall not hunt:
(a)
Within three-quarters (3/4) of a mile from the dam including the no-wake zone
of the dam site marina;
(b)
On Deer Creek Fork; or
(c)
On Camp Webb property or the state park, except for youths drawn for any
department quota dove hunt on Camp Webb property in September.
(7)
At Land Between the Lakes National Recreation Area, a person shall not hunt a
migratory game bird between the last Saturday in September and November 30.
(8)
At West Kentucky WMA, a person shall not hunt Canada geese during the September
season.
(9)
At Yatesville Lake, 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 of the mouth of the Greenbrier Creek embayment to the dam,
including the island.
(10)
At Robinson Forest WMA, a person shall not hunt a migratory game bird on the
main block of the WMA.
GREGORY
K. JOHNSON, Commissioner
ROBERT
H. STEWART, Secretary
APPROVED
BY AGENCY: August 5, 2015
FILED
WITH LRC: August 21, 2015 at 4 p.m.
CONTACT PERSON: Rose Mack,
Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, Frankfort,
Kentucky 40601, phone (502) 564-7109, ext. 4507, 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 this administrative regulation does: This administrative regulation
establishes seasons and bag limits within federal migratory bird hunting
frameworks established in 50 C.F.R. Parts 20 and 21 according to the U.S. Fish
and Wildlife Service (USFWS). In addition, it establishes requirements for the
hunting of migratory birds.
(b)
The necessity of this administrative regulation: The necessity of this
administrative regulation is to establish the 2015–2016 migratory bird seasons
in accordance with the USFWS.
(c)
How this administrative regulation conforms to the content of the authorizing
statutes: 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
for the taking of wildlife. KRS 150.600 authorizes the department to regulate
the taking of waterfowl on public and private land. This administrative
regulation establishes procedures for the taking of migratory game birds within
reasonable limits and within the frameworks established by 50 C.F.R. Parts 20
and 21.
(d)
How this administrative regulation currently assists or will assist in the
effective administration of the statutes: By establishing the migratory bird
hunting seasons and area specific requirements, this administrative regulation
maintains and manages migratory game bird conservation efforts consistent with
national and international management goals.
(2)
If this is an amendment to an existing administrative regulation, provide a
brief summary of:
(a)
How the amendment will change this existing administrative regulation: This
amendment will change the start of wood duck and teal seasons from the third
Wednesday in September to the third Saturday in September. It will decrease the
daily bag limit of common and purple gallinules from fifteen (15) to three (3)
and the possession limit from forty-five (45) to nine (9). All these changes are
consistent with the long-term Mississippi Flyway and continental management
efforts and are within the USFWS required frameworks.
(b)
The necessity of the amendment to this administrative regulation: The necessity
of the amendment is to increase migratory bird hunting opportunity for early
migratory bird hunting seasons, as defined by the dates in which the hunting
season may open as early as September 1.
(c)
How the amendment conforms 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 affected by this administrative regulation: 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, or 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:
Duck hunters will have the start of the season shift from the third Wednesday
to the third Saturday in September. This will allow an additional weekend of
hunting opportunity for teal. Gallinule hunters will have a reduced bag limit
from fifteen (15) to three (3) and reduced possession limit from forty-five (45)
to nine (9).
(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 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 increased opportunity to hunt migratory game
birds.
(5)
Provide an estimate of how much it will cost the administrative body to
implement this administrative regulation:
(a)
Initially: This administrative regulation change will result in no initial
change in administrative cost to the Department.
(b)
On a continuing basis: There will be no additional cost on a continuing basis.
(6)
What is the source of the 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
increase funding to implement this administrative regulation.
(8)
State whether or not this administrative regulation established any fees or
directly or indirectly increased any fees: No new fees will be established.
(9)
TIERING: Is tiering applied Tiering was not applied. The same requirements and
limits apply to all migratory bird 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 of Fish and Wildlife Resources
Divisions of Wildlife and Law Enforcement will be impacted by this
administrative regulation.
(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 for the taking of wildlife. KRS
150.600 authorizes the department to regulate the taking of waterfowl on public
and private land. This administrative regulation establishes procedures for the
taking of migratory game birds 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 during 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 during subsequent years.
(c)
How much will it cost to administer this program for the first year? There will
be no additional costs to administer this program for the first year.
(d)
How much will it cost to administer this program for subsequent years? There
will be no additional costs to administer this program for 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 which are 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 following: earliest opening and latest
closing date, 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
maximum days and bag limits permitted under the federal regulations. States are
permitted to be more restrictive but not more liberal in their respective
regulations. The amended regulation is more restrictive than the federal
frameworks for gallinule bag limits and possession limits. The limits are being
reduced because of declines in the mid-continent population, including Kentucky
populations. By reducing bag limits, we are hoping to avoid a complete season
closure by the U.S. Fish and Wildlife Service.
