301 KAR 2:172. Deer hunting seasons, zones, and requirements

Link to law: http://www.lrc.ky.gov/kar/301/002/172.htm
Published: 2015

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      301 KAR 2:172. Deer hunting seasons, zones, and

requirements.

 

      RELATES

TO: KRS 150.010, 150.177, 150.180, 150.411(3), 150.990, 237.110

      STATUTORY

AUTHORITY: KRS 150.025(1), 150.170, 150.175, 150.390(1)

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to

promulgate administrative regulations to establish open seasons for the taking

of wildlife, to regulate bag limits and methods of take, and to make these requirements

apply to a limited area. KRS 150.170 authorizes exemptions for certain people

from hunting license and permit requirements. KRS 150.175 authorizes the kinds

of licenses and permits to be issued by the department. KRS 150.390(1) prohibits

the taking of deer in any manner contrary to any provisions of KRS Chapter 150

or Title 301 KAR. This administrative regulation establishes deer hunting

seasons and zones, legal methods of taking, and checking and recording requirements

for deer hunting.

 

      Section

1. Definitions. (1) "Additional deer permit" means a permit that allows

the holder to take up to two (2) additional deer beyond those allowed by the

statewide permit in the following combinations:

      (a)

One (1) antlered deer and one (1) antlerless deer; or

      (b)

Two (2) antlerless deer.

      (2)

"Adult" means a person who is at least eighteen (18) years of age.

      (3)

"Antlered deer" means a male or female deer with a visible antler

protruding above the hairline.

      (4)

"Antlerless deer" means a male or female deer with no visible antler

protruding above the hairline.

      (5)

"Archery equipment" means a long bow, recurve bow, or compound bow

incapable of holding an arrow at full or partial draw without aid from the

archer.

      (6)

"Arrow" means the projectile fired from a bow or crossbow.

      (7)

"Barbed broadhead" means a point or portion of a blade projecting

backward from a broadhead designed to hold an arrow within an animal.

      (8)

"Crossbow" means a bow designed or fitted with a device to hold an

arrow at full or partial draw without aid from the archer.

      (9)

"Deer" means a member of the species Odocoileus virginianus.

      (10)

"Firearm" means a breech or muzzle-loading rifle, shotgun, or

handgun.

      (11)

"Fully automatic firearm" means a firearm that fires more than one

(1) time with a single pull of the trigger.

      (12)

"License year" means the period from March 1 through the following

last day of February.

      (13)

"Modern gun" means a rifle, handgun, or shotgun that is loaded from

the rear of the barrel.

      (14)

"Muzzle-loading gun" means a rifle, shotgun, or handgun that is

loaded from the discharging end of the barrel or discharging end of the

cylinder.

      (15)

"Shotshell" means ammunition containing more than one (1) projectile.

      (16)

"Statewide deer permit" means a permit, which, in conjunction with

appropriate licenses, seasons, and methods, allows the holder to take:

      (a)

One (1) antlered deer and one (1) antlerless deer; or

      (b)

Two (2) antlerless deer.

      (17)

"Statewide deer hunting requirements" means the season dates, zone

descriptions, bag limits, and other requirements and restrictions for deer

hunting established in this administrative regulation.

      (18)

"Youth" means a person under the age of sixteen (16) by the date of

the hunt.

      (19)

"Zone" means an area consisting of counties designated by the

department within which deer hunting season dates and limits are set for the

management and conservation of deer in Kentucky.

 

      Section

2. License and Deer Permit Requirements. (1) Unless exempted by KRS 150.170, a

person shall carry proof of purchase of a valid Kentucky hunting license and

valid deer permit while hunting.

      (2)

In lieu of a statewide deer permit or a license or permit that grants statewide

deer hunting privileges, a person possessing a valid junior statewide hunting

license shall not use more than two (2) junior deer hunting permits.

      (3)

An additional deer permit shall not be valid unless accompanied by a valid

Kentucky hunting license and a statewide deer permit or a license or permit

that grants statewide deer hunting privileges.

 

      Section

3. Hunter Restrictions. (1) A deer hunter shall not:

      (a)

Take a deer except during daylight hours;

      (b)

Use dogs, except leashed tracking dogs to recover a wounded deer;

      (c)

Take a deer that is swimming;

      (d)

From a vehicle, boat, or on horseback, take a deer, except that a hunter with a

disabled hunting exemption permit issued by the department may use a stationary

vehicle as a hunting platform; and

      (e)

Possess or use a decoy or call powered by electricity from any source.

      (2)

A deer hunter shall not take a deer with any device except a firearm, crossbow,

or archery equipment as authorized by Section 5 of this administrative

regulation.

      (3)

A person shall not use any of the following items to take a deer:

      (a)

Rimfire ammunition;

      (b)

A fully automatic firearm;

      (c)

A firearm with a magazine capacity greater than ten (10) rounds;

      (d)

Full metal jacketed ammunition;

      (e)

Tracer bullet ammunition;

      (f)

A shotshell containing more than one (1) projectile;

      (g)

An arrow or crossbow bolt without a broadhead;

      (h)

A broadhead smaller than seven-eighths (7/8) inch wide;

      (i)

A barbed broadhead;

      (j)

A crossbow without a working safety device;

      (k)

A chemically treated arrow;

      (l)

An arrow with a chemical attachment;

      (m)

Multiple projectile ammunition; or

      (n)

Any weapon that is not consistent with the appropriate season established in

Section 5 of this administrative regulation.

 

      Section

4. Hunter Orange Clothing Requirements. (1) During the modern gun deer season,

muzzle-loader season, and any youth firearm season, a person hunting any

species during daylight hours and any person accompanying a hunter, shall

display solid, unbroken hunter orange visible from all sides on the head, back,

and chest except while hunting waterfowl.

      (2)

During an elk firearm season as established in 301 KAR 2:132, a person hunting

any species and any person accompanying a hunter within the elk restoration

zone, shall display solid, unbroken hunter orange visible from all sides on the

head, back, and chest except while hunting waterfowl.

      (3)

The hunter orange portions of a garment worn to fulfill the requirements of

this section:

      (a)

May display a small section of another color; and

      (b)

Shall not have mesh weave openings exceeding one-fourth (1/4) inch by any

measurement.

      (4)

A camouflage-pattern hunter orange garment worn without additional solid hunter

orange on the head, back, and chest shall not meet the requirements of this

section.

 

      Section

5. Statewide Season Dates. (1) A deer hunter may use archery equipment to hunt

deer statewide from the first Saturday in September through the third Monday in

January.

      (2)

A deer hunter may take deer with a modern firearm statewide beginning the

second Saturday in November for:

      (a)

Sixteen (16) consecutive days in Zones 1 and 2; and

      (b)

Ten (10) consecutive days in Zones 3 and 4.

      (3)

A deer hunter may use a muzzle-loading gun to hunt deer statewide:

      (a)

For two (2) consecutive days beginning the third Saturday in October;

      (b)

For nine (9) consecutive days beginning the second Saturday in December; and

      (c)

During any season in which a modern gun may be used to take deer.

      (4)

A deer hunter may use a crossbow to hunt deer statewide:

      (a)

From October 1 through the end of the third full weekend in October;

      (b)

From the second Saturday in November through December 31; and

      (c)

During any season in which a firearm may be used to take deer.

      (5)

A legal resident hunter sixty-five (65) years or older may hunt with a crossbow

from the first Saturday in September through the third Monday in January.

      (6)

Youth firearm season. For two (2) consecutive days beginning on the second

Saturday in October, a youth deer hunter:

      (a)

May take antlered or antlerless deer and shall use a legal method to do so; and

      (b)

Shall comply with this administrative regulation and all other statewide deer

hunting requirements.

      (7)

There shall be a free youth weekend for two (2) consecutive days beginning on

the Saturday after Christmas during which a youth:

      (a)

Shall not be required to have a hunting license or deer permit;

      (b)

May take antlered or antlerless deer and shall use a legal method to do so; and

      (c)

Shall comply with this administrative regulation and all other statewide deer

hunting requirements.

 

      Section

6. Zones. (1) Zone 1 shall consist of Anderson, Ballard, Boone, Bracken,

Bullitt, Caldwell, Calloway, Campbell, Carlisle, Carroll, Christian,

Crittenden, Franklin, Fulton, Gallatin, Grant, Graves, Green, Harrison, Henry,

Hickman, Hopkins, Jefferson, Kenton, Larue, Livingston, Lyon, Marshall,

McCracken, Nelson, Oldham, Owen, Pendleton, Robertson, Scott, Shelby, Spencer,

Trigg, Trimble, Washington, and Woodford Counties.

      (2)

Zone 2 shall consist of Bourbon, Boyd, Carter, Fayette, Fleming, Grayson,

Greenup, Hardin, Hart, Henderson, Jessamine, Lawrence, Lewis, Logan, Mason,

McLean, Mercer, Muhlenberg, Nicholas, Ohio, Todd, Union, and Webster Counties.

      (3)

Zone 3 shall consist of Adair, Allen, Barren, Bath, Boyle, Breckinridge,

Butler, Casey, Clark, Cumberland, Daviess, Edmondson, Elliott, Estill, Hancock,

Johnson, Lincoln, Madison, Marion, Meade, Metcalf, Monroe, Montgomery, Morgan,

Powell, Rowan, Simpson, Taylor, Warren, and Wolfe Counties.

      (4)

Zone 4 shall consist of Bell, Breathitt, Clay, Clinton, Floyd, Garrard, Harlan,

Jackson, Knott, Knox, Laurel, Lee, Leslie, Letcher, Magoffin, Martin, McCreary,

Menifee, Owsley, Perry, Pike, Pulaski, Rockcastle, Russell, Wayne, and Whitley

Counties.

 

      Section

7. Season and Zone Limits. (1) A person shall not take more than four (4) deer

statewide in a license year except:

      (a)

As authorized in 301 KAR 2:111, 2:176, 2:178, and 3:100; and

      (b)

A person may take an unlimited number of antlerless deer in Zone 1 if the

person has purchased the appropriate additional deer permits.

      (2)

A person shall not take more than one (1) antlered deer per license year,

regardless of the permit type used, except as established in 301 KAR 2:111,

2:178, and 3:100.

      (3)

In Zone 3, a person may take two (2) deer with a firearm.

      (4)

In Zone 4, a person may take:

      (a)

Only two (2) deer with a firearm; and

      (b)

Only antlered deer during:

      1.

Modern firearm season;

      2.

Early muzzleloader season; and

      3.

The first six (6) days of the December muzzleloader season.

      (5)

The aggregate bag limit for Zones, 2, 3, and 4 shall be four (4) deer per

hunter.

 

      Section

8. Supervision of Youth Firearm Deer Hunters. (1) An adult shall:

      (a)

Accompany a person under sixteen (16) years old; and

      (b)

Remain in a position to take immediate control of the youth's firearm.

      (2)

An adult accompanying a youth hunter shall not be required to possess a hunting

license or deer permit if the adult is not hunting.

 

      Section

9. Harvest Recording. (1) Immediately after taking a deer, and prior to moving

the carcass, a person shall record, in writing:

      (a)

The species taken:

      (b)

The date taken:

      (c)

The county where taken; and

      (d)

The sex of the deer taken on one (1) of the following:

      1.

The hunter's log section on the reverse side of a license or permit;

      2.

The hunter's log produced in a hunting guide;

      3.

A hunter's log printed from the Internet;

      4.

A hunter's log available from any KDSS agent; or

      5.

An index or similar card.

      (2)

The person shall retain and possess the completed hunter's log while the person

is in the field during the current hunting season.

 

      Section

10. Checking a Deer. (1) A person shall check a harvested deer by:

      (a)

Calling the toll free telecheck number at (800) 245-4263 or on the department’s

Web site at fw.ky.gov:

      1.

Before midnight on the day the deer is recovered; and

      2.

Prior to processing or removing the hide or head from the carcass;

      (b)

Providing the information requested by the automated check-in system; and

      (c)

Writing the confirmation number given by the system on the hunter's log

authorized in Section 9 of this administrative regulation.

      (2)

If a hunter transfers possession of a harvested deer, the hunter shall attach

to the carcass a hand-made tag that contains the following information:

      (a)

The confirmation number;

      (b)

The hunter's name; and

      (c)

The hunter's telephone number.

      (3)

A person shall not provide false information while:

      (a)

Completing the hunter’s log;

      (b)

Checking a deer; or

      (c)

Creating a carcass tag.

 

      Section

11. Transporting and Processing Deer. (1) A person shall:

      (a)

Not transport an unchecked deer out of Kentucky;

      (b)

Have proof that a deer or parts of deer brought into Kentucky were legally

taken;

      (c)

Not sell deer hides except to a licensed:

      1.

Fur buyer;

      2.

Fur processor; or

      3.

Taxidermist.

      (2)

A taxidermist or an individual who commercially butchers deer shall not accept

a deer carcass or any part of a deer without a valid disposal permit issued by

the department pursuant to KRS 150.411(3) or a proper carcass tag as

established in Section 10 of this administrative regulation.

      (3)

An individual who commercially butchers deer shall keep accurate records of the

hunter's name, address, confirmation number, and date received for each deer in

possession and retain the records for a period of one (1) year. (21 Ky.R. 2569;

eff. 5-10-1995; Am. 22 Ky.R. 1874; eff. 6-6-1996; 23 Ky.R. 3870; eff. 7-9-1997;

24 Ky.R. 2741; 25 Ky.R. 300; eff. 8-17-98; 2653; eff. 7-14-99; 27 Ky.R. 203;

746; eff. 8-24-2000; 3142; eff. 7-16-2001; 28 Ky.R. 2415; eff. 7-15-2002; 29

Ky.R. 2520; 2872; eff. 6-16-2003; 30 Ky.R. 983; 2559; eff. 1-5-2004; 31 Ky.R.

344; eff. 8-26-2004; 1708; 1985; 32 Ky.R. 56; eff. 7-13-2005; 1470; 1883; eff.

5-5-2006; 33 Ky.R. 3444; eff. 8-6-2007; 34 Ky.R. 2439; 35 Ky.R. 26; eff.

7-9-2008; 2351; 2671; eff. 7-6-2009; 36 Ky.R. 2080-A; 2316; eff. 6-3-2010; 37

Ky.R. 2467, eff. 6-2-2011; 38 Ky.R. 1475; 1725; eff. 5-4-2012; 40 Ky.R. 1878;

2289; eff. 5-2-2014; 41 Ky.R. 1873; 2092; eff. 6-5-2015.)