TOURISM, ARTS AND HERITAGE CABINET
Kentucky Department of Fish and Wildlife
Resources
(Amendment)
301
KAR 2:221. Waterfowl seasons and limits.
RELATES
TO: KRS 150.010(40), 150.025(1), 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) "Dark goose" means a Canada goose, white-fronted
goose, or brant.
(2)
"Light Goose" means a snow goose or Ross's goose.
(3)
"Light Goose Conservation Order" is defined by 50 C.F.R. 21.60
(4)
"Waterfowl" is defined by KRS 150.010(40).
Section
2. (1) Except as established in 301 KAR 2:222, 2:225, or 2:226, a person shall
not hunt waterfowl except during the seasons established in this administrative
regulation.
(2)
Hunting zones, special hunt areas and reporting areas are established in 301
KAR 2:224.
Section
3. Season dates. (1) Duck, coot, and merganser. The season shall:
(a)
Begin on Thanksgiving Day for four (4) consecutive days; and
(b)
Be for fifty-six (56) consecutive days ending on the last Sunday in January of
the following year.
(2)
Canada goose.
(a)
In the Eastern, Pennyrile, and Western Goose Zones, the season shall begin on
Thanksgiving Day and continue until January 31.
(b)
In the Northeast Goose Zone, the season shall begin on the third Saturday in
December and continue until January 31.
(3)
White-fronted goose and brant[geese]. The season shall begin on
Thanksgiving Day and continue until January 31.
(4)
Light goose. The season shall begin on Thanksgiving Day and continue until
January 31.
(5)
Light Goose Conservation Order.
(a)
In the Western Duck Zone, the season shall be from February 1 through March 31,
except:
1.
The season shall be closed during the first full weekend in February; and
2.
Youth hunters may hunt during the first full weekend in February pursuant to
301 KAR 2:226.
(b)
In the Eastern Duck Zone, the season shall be from February 1 through March 31.
(6)
A person shall not hunt a light or dark goose in:
(a)
The areas of Laurel River Lake as posted by sign; or
(b)
Cave Run Lake and the public land inside the boundary formed by Highways 801,
1274, 36, 211, US 60, and Highway 826.
Section
4. In the Ballard Zone that is established in 301 KAR 2:224:
(1)
A person hunting waterfowl shall:
(a)
Hunt from a blind unless hunting in flooded, standing timber;
(b)
Not hunt from or establish a blind:
1.
Within 100 yards of another blind; or
2.
Within fifty (50) yards of a property line; and
(c)
Not possess more than one (1) shotgun while in a blind.
(2)
The requirements of subsection (1) of this section shall not apply if the Light
Goose Conservation Order, as established in 301 KAR 2:221, is the only
waterfowl season open, excluding falconry seasons.
Section
5. Bag and Possession Limits. (1) Ducks. The daily limit shall be six (6),
which shall not include more than:
(a)
Four (4) mallards;
(b)
Two (2) hen mallards;
(c)
Three (3) wood ducks;
(d)
One (1) black duck;
(e)
Two (2) redheads;
(f)
Two (2) pintails;
(g)
Three (3) scaup;
(h)
One (1) mottled duck; or
(i)
Two (2)[One (1)] canvasback.
(2)
Coot. The daily limit shall be fifteen (15).
(3)
Merganser. The daily limit shall be five (5), which shall not include more than
two (2) hooded mergansers.
(4)
Dark goose. The daily limit shall be five (5), which shall not include more
than:
(a)
Three (3) Canada goose[geese];
(b)
Two (2) white-fronted goose[geese]; or
(c)
One (1) brant.
(5)
Light goose. The daily limit shall be twenty (20), except that there shall not
be a limit during the Light Goose Conservation Order season.
(6)
The possession limit shall be triple the daily limit, except that there shall
not be a light goose possession limit.
Section
6. Shooting Hours. A person shall not hunt waterfowl except from one-half (1/2)
hour before sunrise until:
(1)[2
p.m. if hunting geese in the Northeast Goose Zone during a Canada goose season;
(2)]
Sunset[in the remainder of the state], except as established in
301 KAR 2:222; or
(2)[(3)]
One-half (1/2) hour after sunset if hunting light goose[geese]
during the Light Goose Conservation Order season.
Section
7. Falconry Waterfowl Season and Limits. (1) The Light goose season shall be
November 5 through January 31.
(2)
Light Goose Conservation Order season.
(a)
In the Western Duck Zone, the season shall be from February 1 through March 31,
except:
1.
The falconry season shall be closed during the first full weekend in
February; and
2.
Youth waterfowl hunters may hunt during the first full weekend in
February pursuant to 301 KAR 2:226.
(b)
In the remainder of the state, the season shall be from February 1 through
March 31.
(3)
The season for all other waterfowl shall be from November 5 through January 31.
(4)
The daily limit shall be three (3) waterfowl, except that there shall not be a
limit on light goose during the Light Goose Conservation Order season.
(3)
The possession limit shall be nine (9) waterfowl, except that there shall not
be a possession limit on light goose during the Light Goose Conservation Order
season.
Section
8. Permit for the Light Goose Conservation Order season. (1) A person hunting
light goose during the Light Goose Conservation Order season shall first obtain
a free permit by completing the online Snow Goose Conservation Order Permit
process on the department’s Web site at fw.ky.gov.
(2)
A person hunting light goose during the Light Goose Conservation Order season
shall submit a Snow Goose Conservation Order Permit Survey to the department by
April 10.
Section
9. Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
"Snow Goose Conservation Order Permit", January 2014; and
(b)
"Snow Goose Conservation Order Permit Survey", 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.
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 9 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 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).
(b)
The necessity of the administrative regulation: The necessity of this
administrative regulation is to establish the 2015-2016 waterfowl hunting
seasons in accordance with the USFWS.
(c)
How does this administrative regulation conform to the authorizing statute: KRS
150.025 authorizes the department to establish hunting season dates and bag
limits. KRS 150.360 authorizes the department to restrict methods for the
taking of 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 in the effective
administration of the statutes by establishing hunting season and bag limit
requirements and providing reasonable hunting opportunity consistent with
state, national, and international 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 will allow the Northeast Goose Zone to hunt until sunset bringing it
in line with all other goose hunting zones. In addition, the amendment will
adjust waterfowl daily bag and possession limits to reflect that allowed by
federal waterfowl season frameworks under the current season structure.
(b)
The necessity of the amendment to this administrative regulation: Waterfowl
seasons and limits are set on an annual basis following the establishment of federal
frameworks by the U.S. Fish and Wildlife Service each summer. It is the
Department’s responsibility to allow quality hunting opportunity within these
federal frameworks. The increase in the daily hunting period will provide
additional opportunity for local waterfowl hunters.
(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, 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:
The current changes in season dates and/or bag limits 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 season and bag limits.
(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 an increased opportunity to hunt waterfowl in
the state.
(5)
Provide an estimate of how much it will cost to implement this administrative
regulation:
(a)
Initially: There will not be an additional cost to implement this
administrative regulation 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 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 any 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
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? This amendment will not generate revenue 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? This amendment will not generate revenue 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. Part 20, 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 season on white-fronted and snow geese is shorter than
the federal framework because migration patterns for these species result in a
paucity of birds early in the federal framework. The Canada goose season in the
Northeast Goose Zone is shorter than is permitted in the rest of the state
because of the desire to maintain a huntable population in that region of the
state.
