301 KAR 2:225E. Dove, wood duck, teal, and other migratory game bird hunting

Link to law: http://www.lrc.ky.gov/kar/301/002/225E.htm
Published: 2015

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.
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