301 KAR 2:049. Small game and furbearer hunting on public areas.

301 KAR 2:049. Small game and furbearer hunting and trapping on public areas.

RELATES TO: KRS 150.010, 150.370, 150.399, 150.400, 150.410, 150.990

STATUTORY AUTHORITY: KRS 150.025, 150.620

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits, and to make these requirements apply statewide or to a limited area. KRS 150.620 authorizes the department to promulgate administrative regulations for the maintenance and operation of the lands it has acquired for public recreation. This administrative regulation establishes exceptions to statewide small game and furbearer regulations on public areas.

Section 1. Definitions. (1) "Adult" means a person who is at least eighteen (18) years of age.

(2) "Upland bird" means a grouse or northern bobwhite.

(3) "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.

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

Section 2. This administrative regulation shall establish exceptions to the statewide requirements established in 301 KAR 2:122, 2:251, and 3:010.

Section 3. On a Wildlife Management Area owned or managed by the department:

(1) A person shall wear hunter orange clothing if a firearm is allowed for deer hunting, as established in 301 KAR 2:172.

(2) The hunter orange clothing requirement in subsection (1) of this section shall not apply to a person hunting:

(a) Waterfowl; or

(b) Raccoon or opossum at night.

(3) There shall be a free youth small game hunting week for seven (7) consecutive days beginning on the Saturday after Christmas, a youth may take small game without a hunting license.

(4) There shall be a free youth trapping week for seven (7) consecutive days beginning on the Saturday after Christmas, in which a youth may trap without a trapping license.

Section 4. Exceptions on Specific Public Areas. (1) Barren River Wildlife Management Area.

(a) The WMA shall be considered to be entirely within the Eastern Zone, as established in 301 KAR 2:122;

(b) Northern bobwhite and rabbit seasons shall be closed after December 31; and

(c) On the Peninsula Unit, including Narrows, Goose and Grass Islands, a person shall not hunt with a breech-loading firearm:

(2) Beaver Creek WMA, including private inholdings.

(a) Grouse season shall be open from October 1 through December 31; and

(b) Northern bobwhite and rabbit seasons shall be: closed after December 31.

(3) Big South Fork National River and Recreation Area, McCreary County.

(a) Grouse season shall be open from October 1 through December 31; and

(b) Northern bobwhite and rabbit seasons shall be: closed after December 31.

(4) Cane Creek WMA, including private inholdings.

(a) Grouse season shall be open from October 1 through December 31; and

(b) Northern bobwhite and rabbit seasons shall be: closed after December 31.

(5) Cedar Creek Lake WMA:

(a) Rabbit season shall be closed after December 31;

(b) Squirrel season shall coincide with the statewide season; and

(6) Clay WMA.

(a) The area shall be closed for four (4) consecutive days beginning on the first Friday in December to all hunting except archery deer hunting and the pheasant quota hunt established in Section 5 of this administrative regulation;

(b) Rabbit season shall be closed after December 31;

(c) Grouse and northern bobwhite hunting shall be restricted to quota hunt dates established in Section 5 of this administrative regulation.

(d) Pheasant may be taken beginning on the Tuesday following the pheasant quota hunt through December 31.

1. Any person with a valid hunting license may take a pheasant; and

2. The daily limit per hunter shall be three (3) birds of either sex.

(e) Quota fox hunting field trials:

1. There shall be a maximum of two (2) four (4) day events per calendar year.

2. Each event shall be limited to 250 participants.

3. The area shall be closed to nonparticipants.

4. A participant shall:

a. Wear a laminated identification badge issued by the department during the event; and

b. Return the laminated badge at the close of the event.

(7) Curtis Gates Lloyd WMA.

(a) Northern bobwhite and rabbit seasons shall be closed after December 31.

(b) A person shall not allow a dog to be unleashed from April 1 until the third Saturday in August except if squirrel hunting.

(8) Dix River WMA:

(a) Northern bobwhite and rabbit seasons shall be closed after December 31.

(b) Grouse season shall be open from October 1 through December 31.

(9) Fleming WMA.

(a) Northern bobwhite and rabbit seasons shall be closed after December 31.

(b) Grouse season shall be open from October 1 through December 31.

(10) Green River Lake WMA.

(a) The area shall be closed to all hunting for four (4) consecutive days beginning on the third Friday in November except for archery deer hunting and the pheasant quota hunt established in Section 5 of this administrative regulation.

(b) Northern bobwhite and rabbit seasons shall be closed after December 31.

1. Beginning on the Tuesday following the pheasant quota hunt through December 31, any person with a valid hunting license may take a pheasant.

2. The daily limit per hunter shall be three (3) birds of either sex.

(d) Grouse: closed to hunting and trapping.

(11) Higginson-Henry WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

(12) Kleber WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

(13) Lake Cumberland WMA.

(a) Grouse season shall be open from October 1 through December 31; and

(b) Northern bobwhite and rabbit seasons shall be: closed after December 31.

(14) Mill Creek WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

(15) Miller-Welch Central Kentucky WMA.

(a) Small game and furbearer hunting seasons shall be closed, except that squirrel season shall be open; and

(b) A person shall not allow a dog to be unleashed:

1. From April 1 until the third Saturday in August; and

2. On a Monday, Wednesday, or Friday during the remainder of the year, except:

a. If a person is hunting squirrels during an open season; and

b. If a person is participating in an authorized field trial.

(16) Mullins WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

(17) Nolin Lake WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

(18) Otter Creek Outdoor Recreation Area.

(a) Except as authorized by the department, a person shall not enter the area during a deer quota hunt without a valid quota hunt confirmation number;

(b) Northern bobwhite season shall be closed;

(d) Trapping season shall be from January 1 through the last day in February;

(e) A person who traps on the area shall:

1. First obtain prior authorization from the area manager; and

2. Only trap in department designated areas;

(f) Except during deer quota hunts, a person shall not use the following to take furbearers:

1. A rifle;

2. Ball ammunition; or

3. Slug ammunition; and

(g) A person shall not use a rimfire gun to take small game, except during a deer quota hunt.

(19) Paul Van Booven WMA.

(a) Shall be closed to vehicle access from an hour after sunset until an hour before sunrise; and

(b) Shall be closed to Northern bobwhite hunting.

(20) Pennyrile Forest WMA.

(a) Grouse season shall be open from December 1 through December 31; and

(b) The daily limit shall be two (2).

(21) Pioneer Weapons WMA. A person shall not hunt with a breech-loading firearm.

(22) Robinson Forest WMA.

(a) Hunting shall not be permitted on the Main Block; and

(b) The remainder of the WMA shall be open under statewide requirements.

(23) Taylorsville Lake WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

(24) Tradewater WMA.

(a) Grouse season shall be open from December 1 through December 31; and

(b) The daily limit shall be two (2).

(25) West Kentucky WMA.

(a) A person shall not hunt on "A" tracts;

(b) Northern bobwhite and rabbit seasons shall be closed after December 31 on Tracts 2, 3, 6, and 7;

(c) Northern bobwhite and rabbit seasons shall be open on Tracts 1, 4, and 5 one-half (1/2) hour before sunrise until 1 p.m. local time from January 1 through January 10, except if harvest limits are reached prior to January 10;

1. A hunter shall report harvest numbers and total hours hunted to the area supervisor on a daily basis; and

2. If a tract is closed prior to January 10, a sign indicating closure shall be posted at the hunter check station at least twenty-four (24) hours prior to the closure; and

(d) A person shall not:

1. Use a rifle, ball, or slug ammunition;

2. Operate a vehicle on Tract 6 from February 1 through April 16; and

3. Allow a dog to be unleashed from April 1 until the third Saturday in August, except while squirrel hunting.

(26) Yellowbank WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

Section 5. Pheasant Quota Hunts. (1) There shall be a pheasant quota hunt:

(a) On the Green River Wildlife Management Area for three (3) consecutive days beginning the third Friday in November; and

(b) On Clay Wildlife Management Area for three (3) consecutive days beginning the first Friday in December.

(2) There shall be a one (1) day clean-up hunt immediately following each of the hunts for pheasant quota hunters drawn for that particular WMA.

(3) Hunt hours for each day shall be from 9 a.m. to 4 p.m. Eastern time.

(4) During a quota hunt of clean-up hunt, a person shall wear orange clothing as specified in 301 KAR 2:172.

(5) The daily bag limit per hunter shall be two (2) birds of either sex, except there shall be a daily bag limit of three (3) birds of either sex during the one (1) day clean-up hunt.

(6) Pheasant quota hunt procedures.

(a) A person selected for a pheasant quota hunt may hunt on the one (1) day clean-up hunt for that area.

(b) A person applying for a pheasant quota hunt shall:

1. Not apply more than one (1) time for each hunt and shall not be drawn for more than one (1) hunt; and

2. Not apply as a group of more than five (5) people.

(c) A person who is drawn to hunt shall, by October 30, pay the permit fee established in 301 KAR 3:022, Section 5(2), by:

1. A check containing the drawn confirmation number;

2. A money order enclosed with the draw confirmation number; or

3. Credit card via the department's Web site as an applicant reviews the drawing results.

(d) If a group is drawn to hunt, then one group member shall submit a single payment for the entire group along with the confirmation number data.

Section 6. Northern Bobwhite and Upland Bird Quota Hunts. (1) There shall be one (1) day northern bobwhite quota hunts on two (2) tracts of Peabody WMA on the following days:

(a) The fourth Saturday in November, which shall only be a youth-mentor hunt;

(b) The Tuesday following the fourth Saturday in November;

(d) The first Saturday in January;

(e) The second Saturday in January; and

(f) The Tuesday following the third Saturday in January.

(2) There shall be one-day upland bird quota hunts on Clay WMA on the following days:

(a) On the Wednesday following the first Saturday in November;

(b) The third Sunday in November;

(d) The third Tuesday in December.

(3) A person participating in a quota hunt shall:

(a) Only hunt from one-half (1/2) hour before sunrise to two (2) p.m.;

(b) Wear hunter orange clothing pursuant to 301 KAR 2:172; and

(4) A person who participates in an upland bird quota hunt:

(a) Shall not take more than four (4) grouse daily; and

(b) May take woodcock pursuant to the requirements established in 301 KAR 2:225.

(5) A person applying for a northern bobwhite or upland bird quota hunt shall:

(a) Not apply more than one (1) time for each hunt and shall not be drawn for more than one (1) hunt; and

(b) Not apply as a group of more than three (3) people.

(6) A person selected for a quota hunt shall only hunt the species identified on the permit.

Section 7. General Quota Hunt Requirements. (1) A person applying for a pheasant, northern bobwhite, or upland bird quota hunt shall:

(a) Call the toll-free number listed in the current Fall Hunting and Trapping Guide from a touch tone phone between September 1 and September 30;

(b) Enter each applicant's Social Security number;

(d) Pay a three (3) dollar application fee for each applicant prior to the drawing by:

1. Check;

2. Money order;

3. Visa; or

4. MasterCard.

(2) A person, prior to participating in a quota hunt, shall be required to show:

(a) A department-issued quota hunt permit;

(b) A valid Kentucky hunting license or proof of exemption; and

(3) A person or group participating in a northern bobwhite or upland bird quota hunt shall submit a hunting log within seven (7) day after the hunt.

(4) A youth-mentor quota hunt party shall have a minimum of one (1) youth as a member of the party.

(5) A person shall comply with all quota hunt requirements or be ineligible to apply for any other quota hunt during the following year, except for an elk quota hunt.

(6) A youth shall only apply as part of a party that has at least one (1) adult.

(7) The department may extend the application deadline if technical difficulties with the automated application system prevent applications from being accepted for one (1) or more days during the application period. (20 Ky.R. 2922; eff. 6-2-1994; Am. 21 Ky.R. 1911; 2474; eff. 4-6-1995; 22 Ky.R. 1670; eff. 5-16-1996; 25 Ky.R. 1688; 2132; eff; 3-10-1999; 2651; 26 Ky.R. 43; eff. 7-14-1999; 26 Ky.R. 2015; 27 Ky.R. 74; eff. 7-17-2000; 832; eff. 11-17-2000; 27 Ky.R. 3138; 28 Ky.R. 72; eff. 7-16-01; 28 Ky.R. 2410; eff. 7-15-02; 29 Ky.R. 2127; eff. 4-1-03; 2956; eff. 8-13-2003; 30 Ky.R. 2339; eff. 7-14-2004; 31 Ky.R. 823; eff. 1-4-2005; 31 Ky.R. 1702; eff. 6-8-2005; 33 Ky.R. 2358; eff. 5-4-2007; 34 Ky.R. 2428; 35 Ky.R. 21, eff. 7-9-2008; 36 Ky.R. 2215; 37 Ky.R. 37; eff. 8-5-2010; 37 Ky.R. 2283; eff. 6-3-11.)