301 KAR 2:221. Waterfowl seasons and limits

Link to law: http://www.lrc.ky.gov/kar/301/002/221reg.htm
Published: 2015

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