TOURISM, ARTS AND HERITAGE CABINET

Department of Fish and Wildlife Resources

(Amendment)

 

††††† 301 KAR 2:132. Elk hunting seasons, permits, zones, and requirements.

 

††††† RELATES TO: KRS 150.010, 150.170(4), 150.180, 150.990

††††† STATUTORY AUTHORITY: KRS 150.025(1), [150.105,]150.177, 150.178, 150.390(3)

††††† 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 150.177 authorizes the department to issue special commission permits for game species to nonprofit wildlife conservation organizations. KRS 150.178 authorizes the department to issue cooperator permits to landowners who enroll property for public hunting access. KRS 150.390(3) authorizes the department to promulgate administrative regulations establishing the conditions under which depredation permits for elk may be issued. This administrative regulation establishes the requirements for the elk permit drawing and quota hunts, the conditions under which special commission and landowner cooperator permits can be used, procedures for elk damage abatement, and any postseason hunt held after the quota hunts.

 

††††† Section 1. Definitions. (1) "Antlered elk" means an elk having visible polished antler protruding above the hairline.

††††† (2) "Antlerless elk" means an elk without visible polished antler protruding above the hairline.

††††† (3) "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.

††††† (4) "At-large" means any portion of the elk zone not included in a limited entry area.

††††† (5) "Bait":

††††† (a) Means a substance composed of grains, minerals, salt, fruits, vegetables, hay, or any other food materials, whether natural or manufactured, that could lure, entice, or attract wildlife; and

††††† (b) Does not mean the establishment and maintenance of plantings for wildlife, foods found scattered solely as the result of normal agricultural planning or harvesting practices, foods available to wildlife through normal agricultural practices of livestock feeding if the areas are occupied by livestock actively consuming the feed on a daily basis, or standing farm crops under normal agricultural practices.

††††† (6) "Crossbow" means a bow designed or fitted with a device to hold an arrow at full or partial draw without aid from the archer.

††††† (7) "Electronic decoy" means a motorized decoy powered by electricity, regardless of source.

††††† (8) "Elk" means Cervus elaphus nelsoni.

††††† (9) "Elk Management Unit" or "EMU" means a designated area in the restoration zone with specific management restrictions for a post-season antlerless elk quota hunt.

††††† (10) "Elk Restoration Permit" or "ERP" means an elk permit given to a landowner or lessee who allows the department to capture elk on the landowner or lesseeís property for restoration or restocking purposes.

††††† (11) "Firearm" means a breech or muzzle-loading rifle, shotgun, or handgun.

††††† (12) "Landowner cooperator" means a landowner or lessee who owns or leases at least 5,000 acres of land in the restoration zone and enters into an agreement with the department to allow public access and hunting for at least five (5) years.

††††† (13) "Limited Entry Area" or "LEA" means a designated area in the restoration zone with specific management restrictions.

††††† (14) "Muzzleloader" means a rifle, shotgun, or handgun that is loaded from the discharging end of the barrel or discharging end of the cylinder.

††††† (15) "Out-of-zone" means all counties not included in the restoration zone.

††††† (16) "Restoration zone" means the Kentucky counties: Bell, Breathitt, Clay, Floyd, Harlan, Johnson, Knott, Knox, Leslie, Letcher, Magoffin, Martin, McCreary, Perry, Pike, and Whitley.

††††† (17) "Spike" means an elk having one (1) or two (2) antler points on each side.

††††† (18) "Voucher cooperator" means a landowner or lessee who owns or leases at least 100 acres of land in the restoration zone and enters into an agreement with the department to allow elk hunting access.

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

 

††††† Section 2. Elk Damage Control. The department may authorize the removal or destruction of elk that are causing property damage. A person authorized to destroy an elk shall:

††††† (1) Attach a department-issued destruction tag to an elk prior to moving the carcass; and

††††† (2) Not remove the destruction tag until the carcass is processed.

 

††††† Section 3. Elk Quota Hunts. (1) The elk quota hunt application period shall be January 1 to April 30.

††††† (2) An applicant shall:

††††† (a) Complete the elk quota hunt application process on the departmentís Web site at fw.ky.gov; and

††††† (b) Pay a nonrefundable application fee of ten (10) dollars.

††††† (3) The commissioner shall extend the application deadline if technical difficulties with the application system prevent applications from being accepted for one (1) or more days during the application period.

††††† (4) There shall be a random electronic drawing from each applicant pool.

††††† (5) Youth may enter a separate drawing pool for ten (10) either-sex elk permits. These permits shall be valid for use during all elk seasons:

††††† (a) Anywhere in the at-large portion of the restoration zone; or

††††† (b) Within an LEA if the youth applies for and is drawn for an LEA, pursuant to Section 7(3) of this administrative regulation.

††††† (6) A youth applicant shall not apply for the youth-only elk quota hunt more than once per application period.

††††† (7) An applicant for the youth-only elk quota hunt may also apply for the regular quota hunts. The regular quota hunts shall be as established in subsection (12) of this section.

††††† (8) A youth applicant drawn for the youth-only elk quota hunt shall not be drawn in any other elk quota hunt held during the same calendar year.

††††† (9) A youth drawn for the youth-only elk quota hunt shall be ineligible to be drawn in the youth-only elk quota hunt in subsequent years.

††††† (10) Nonresidents shall not comprise more than ten (10) percent of all drawn applicants in each quota hunt pool.

††††† (11) A quota hunt permit awarded from any department-administered drawing shall not be transferable.

††††† (12) In addition to the youth-only quota hunt, there shall be four (4) separate regular elk quota hunts consisting of:

††††† (a) Antlered archery and crossbow;

††††† (b) Antlered firearms;

††††† (c) Antlerless archery and crossbow; and

††††† (d) Antlerless firearms.

††††† (13) An applicant shall:

††††† (a) Apply only once for an individual elk quota hunt;

††††† (b) Not be eligible to be drawn in more than one (1) of the four (4) quota hunt pools;

††††† (c) Only be selected by a random electronic drawing; and

††††† (d) Pay a nonrefundable application fee of ten (10) dollars for each entry.

††††† (14) A person who is drawn for an elk quota hunt shall be ineligible to be drawn for any elk quota hunt for the following three (3) years.

††††† (15) A person who does not have access to the department's Web site to apply for any quota hunt may contact the department toll free at 1-800-858-1549 for assistance in applying.

 

††††† Section 4. Landowner Cooperator Permits. (1) With the approval of the commission, the commissioner shall issue to a landowner cooperator:

††††† (a) One (1) either-sex permit annually per 5,000 acres of land enrolled with the department in a hunting access agreement for the duration of the agreement;

††††† (b) Two (2) antlerless-only permits annually per 5,000 acres of land enrolled with the department in a hunting access agreement for the duration of the agreement; or

††††† (c) One (1) antlerless-only permit annually per 5,000 acres of land enrolled with the department in an elk hunting access agreement for the duration of the agreement.

††††† (2) A recipient of a landowner cooperator permit shall comply with the season, bag limit, and hunter requirements in Sections 7 and 8 of this administrative regulation.

††††† (3) A landowner cooperator permit shall only be used on the land that is established in the agreement, except that it may be used on adjacent property if:

††††† (a) The adjacent property is owned by a different landowner; and

††††† (b) The adjacent landowner has granted permission to the permit holder.

††††† (4) A landowner cooperator permit may be transferred to any person eligible to hunt in Kentucky, but prior to hunting, the landowner cooperator or person who has received the transferred permit shall provide the department with the hunter's:

††††† 1. Name;

††††† 2. Social Security number;

††††† 3. Address; and

††††† 4. Telephone number.

††††† (5) The landowner cooperator permit shall not be transferable if it was already used for the harvest of one (1) elk.

††††† (6) Public access agreements with the department shall be recorded in writing.

 

††††† Section 5. Voucher Cooperator Permits (1) A voucher cooperator shall accrue one (1) voucher point for each legally harvested elk[:

††††† (a) Two (2) voucher points for each legally harvested antlered elk; and

††††† (b) One (1) voucher point for each legally harvested antlerless elk].

††††† (2) A voucher cooperator who accrues ten (10)[twenty (20)] total points on land enrolled pursuant to Section 1(18) of this administrative regulation shall receive one (1) either-sex elk permit from the department.

††††† (3) A recipient of a voucher cooperator elk permit shall comply with all of the requirements established in Sections 7 and 8 of this administrative regulation.

††††† (4) A voucher cooperator elk permit shall only be used on:

††††† (a) The property enrolled with the department per agreement; or

††††† (b) Other property that the landowner or lessee owns or leases.

††††† (5) A voucher cooperator permit may be transferable to any person eligible to hunt in Kentucky.

††††† (6) If a voucher cooperator permit is to be transferred, then the landowner, lessee, or person who has received the transferred permit shall provide to the department by August 15 the hunterís:

††††† (a) Name;

††††† (b) Social security number;

††††† (c) Address; and

††††† (d) Telephone number.

††††† (7) A permit shall not be transferable after being used for the harvest of an elk.

 

††††† Section 6. Elk Restoration Permits. (1) A landowner or lessee who allows the department to capture elk on the landowner or lesseeís property shall accrue one (1) point for each captured elk[:

††††† (a) Two (2) points for each male elk captured; and

††††† (b) One (1) point for each female elk captured].

††††† (2) A landowner or lessee who accrues ten (10)[twenty (20)] total points shall receive one (1) either-sex elk permit from the department that shall only be used the following hunting season.

††††† (3) A recipient of an ERP shall comply with all the requirements established in Sections 7 and 8 of this administrative regulation.

††††† (4) An ERP shall only be used on property that the ERP recipient owns or leases.

††††† (5) An ERP recipient may transfer the permit to any person eligible to hunt in Kentucky.

††††† (6) If an ERP recipient transfers an ERP to another hunter, then the ERP recipient shall provide to the department by August 15 the hunterís:

††††† (a) Name;

††††† (b) Address;

††††† (c) Telephone number; and

††††† (d) Social security number.

††††† (7) An ERP shall be invalid if it has already been used to harvest an elk.

 

††††† Section 7. Hunter Requirements. (1) A person shall carry proof of purchase of a valid Kentucky hunting license and valid elk permit while hunting, unless exempted by KRS 150.170.

††††† (2) The statewide bag limit shall be one (1) elk per hunter per license year.

††††† (3) If a legal elk hunter kills any elk, then:

††††† (a) The person shall immediately cease hunting elk for the remainder of the elk season; and

††††† (b) All elk permits held by that individual shall immediately become invalid.

††††† (4) A drawn hunter may apply to hunt in up to four (4) areas in any combination of the limited entry areas by completing the application process on the departmentís Web site at fw.ky.gov.

††††† (a) Up to three (3) drawn hunters may apply for their LEA choices as a party.

††††† (b) If the party is drawn for the LEA, all hunters in the party shall be assigned to that same LEA.

††††† (c) If the number of slots remaining in the quota is less than the number of hunters in the next party selected, the entire party shall be assigned to the partyís next choice ranking or to the at-large area.

††††† (5) A hunter who does not apply for an LEA or is not drawn for an LEA shall be assigned to the at-large area.

††††† (6) A hunter drawn for an LEA may hunt only in the assigned LEA, except that a person who is drawn for any elk quota hunt may hunt on his or her land within the restoration zone.

††††† (7) An elk hunter or any person accompanying an elk hunter shall comply with hunter orange requirements established in 301 KAR 2:172.

††††† (8) An elk hunter shall not:

††††† (a) Take elk except during daylight hours;

††††† (b) Use dogs, except to recover wounded elk using leashed tracking dogs;

††††† (c) Hunt over bait inside the elk restoration zone;

††††† (d) Drive elk from outside the assigned area;

††††† (e) Take an elk while it is swimming;

††††† (f) Use electronic calls or electronic decoys; or

††††† (g) Take an elk if the hunter is in a vehicle, boat, or on horseback, except that a disabled hunter who has a hunting method exemption permit issued pursuant to 301 KAR 3:027 may use a stationary vehicle as a hunting platform.

††††† (9) A person shall:

††††† (a) Obtain a vehicle tag from the department prior to hunting elk in the restoration zone; and

††††† (b) Display the vehicle tag in the windshield of the vehicle while hunting elk.

††††† (10) A youth shall be accompanied by an adult who shall remain in a position to take immediate control of the youthís firearm.

††††† (11) An adult accompanying a youth shall not be required to possess a hunting license or elk permit if the adult is not hunting.

††††† (12) A person shall only use the weapons and ammunition established in paragraphs (a) through (e) of this subsection to take an elk:

††††† (a) A crossbow or archery equipment loaded with a broadhead of seven-eighths (7/8) inch or wider upon expansion;

††††† (b) A firearm:

††††† 1. With an action that fires a single round of ammunition upon each manipulation of the trigger;

††††† 2. Of .270 caliber or larger; and

††††† 3. Loaded with centerfire, single projectile ammunition designed to expand upon impact;

††††† (c) A muzzleloader of .50 caliber or larger;

††††† (d) A shotgun of twenty (20) gauge or larger loaded with a shell containing one (1) projectile; or

††††† (e) A handgun loaded with:

††††† 1. Centerfire cartridges;

††††† 2. Bullets of Ď.270 caliber or larger designed to expand upon impact; and

††††† 3. Cartridges with a case length of 1.285 inches or larger.

††††† (13) A crossbow shall contain a working safety device.

††††† (14) An elk hunter shall not use a magazine capable of holding more than ten (10) rounds.

††††† (15) A quota elk hunter shall only take an elk of the type and sex determined by the permit drawn.

††††† (16) A hunter drawn for a firearms elk permit shall hunt elk pursuant to that permit only during the seven (7) day period assigned during the initial drawing.

††††† (17) An individual who receives or is transferred a landowner cooperator permit, a voucher cooperator permit, an elk restoration permit, or a special commission permit may hunt in all of the antlered-only or antlerless-only quota hunts and shall hunt in accordance with the seasons and limits established in Section 7 of this administrative regulation.

††††† (18) A person who is drawn for an archery or crossbow permit or has a landowner cooperator permit, a special commission permit, an elk restoration permit, or voucher cooperator permit may hunt with a crossbow during all archery and crossbow seasons, if at the time of the hunt, the person:

††††† (a) Is a youth;

††††† (b) Is sixty-five (65) years or older; or

††††† (c) Has a crossbow hunting method exemption permit for hunting deer pursuant to 301 KAR 3:027.

††††† (19) A person who is drawn for an elk quota hunt permit or was issued a landowner cooperator permit, a special commission permit, an elk restoration permit, or voucher cooperator permit shall complete and submit a post-season elk hunting survey on the departmentís website at fw.ky.gov no later than the last day of February.

††††† (20) A person who fails to comply with the requirements established in subsection nineteen (19) of this section shall be ineligible to apply for any quota hunt or no-hunt option the following year.

 

††††† Section 8. Elk Quota Hunt Seasons and Limits. (1) A person drawn for an antlerless or antlered archery and crossbow permit shall not hunt when an elk firearms season is open.

††††† (2) A person drawn for an antlered archery and crossbow permit shall use:

††††† (a) Archery equipment to take an antlered elk beginning the third Saturday in September through December 31; and

††††† (b) A crossbow to take an antlered elk from the fourth Saturday in September through December 31.

††††† (3) A person drawn for an antlerless archery and crossbow permit shall use:

††††† (a) Archery equipment to take an antlerless elk beginning the second Saturday in October through December 31; and

††††† (b) A crossbow to take an antlerless elk from the second Saturday in October through December 31.

††††† (4) A person drawn for an antlered firearms permit shall use any legal weapon as established in Section 7(12) of this administrative regulation to take an antlered elk during one (1) of two (2) seven (7) day periods randomly assigned by the department from the:

††††† (a) Last Saturday in September for seven (7) consecutive days; or

††††† (b) First Saturday in October for seven (7) consecutive days.

††††† (5) A person drawn for an antlerless firearms permit shall use any legal weapon as established in Section 7(12) of this administrative regulation to take an antlerless elk during one (1) of two (2) seven day (7) periods randomly assigned by the department from the:

††††† (a) Second Saturday in December for seven (7) consecutive days; or

††††† (b) Third Saturday in December for seven (7) consecutive days.

 

††††† Section 9. LEA Boundaries. (1) Hazard LEA - Starting at the intersection of State Hwy 476 and State Hwy 80, the boundary proceeds east on Hwy 80 to the intersection with State Hwy 3209. The boundary then goes west on Hwy 3209 to the intersection with State Hwy 1087. The boundary then goes east on Hwy 1087 to the intersection with State Hwy 1098 near Yellow Mountain. The boundary then follows Hwy 1098 north and west to the intersection with State Hwy 15 near Quicksand. The boundary then goes south on Hwy 15 to the intersection with State Hwy 476 near Lost Creek. The boundary then goes south on Hwy 476 to the intersection with State Highway 80, completing the boundary.

††††† (2) Levisa Fork LEA - Starting at the intersection of State Hwy 1789 and State Hwy 460 at Millard, the boundary proceeds south and east on Hwy 460 to the intersection of Hwy 460 and State Hwy 1499 at Mouthcard. The boundary then runs north along State Hwy 1499 to the intersection of State Hwy 1499 and State Hwy 194. It then runs west and north on Hwy 194 to the intersection of Hwy 194 and State Hwy 3418 (Ridge Line Road). The boundary then runs west on Hwy 3418 to the intersection of State Hwy 3418 and Raccoon Road. The boundary then runs west on Raccoon Road to the intersection of Raccoon Road and State Hwy 1441. The boundary then runs south along Hwy 1441 to the intersection of State Hwy 1441 and State Highway 1789. The boundary then runs west to the intersection of Hwy 1789 and State Highway 460, completing the boundary.

††††† (3) Middlesboro LEA - Starting at the intersection of US Hwy 25E and the Tennessee border at Middlesboro, the boundary proceeds southward and westward on the Tennessee and Kentucky border until the intersection of State Hwy 190. The boundary proceeds northward and westward on State Hwy 190 to the intersection of US Hwy 25E. The boundary then goes south on US Hwy 25E to the Tennessee border, completing the boundary.

††††† (4) Prestonsburg LEA - The area shall be within the boundary of the Czar Hunter Access Area as indicated by signage.

††††† (5) Straight Creek LEA - Starting at the intersection of State Hwy 66 and State Hwy 221 at Straight Creek, the boundary proceeds east on State Hwy 221 to the intersection with State Hwy 2009. The boundary then proceeds north along State Hwy 2009 to the intersection with US Route 421. The boundary then proceeds north on US Route 421 to the intersection with State Hwy 406 near Stinnett. The boundary then follows State Hwy 406 west to the intersection with State Highway 66. The boundary then follows State Hwy 66 south to the intersection with Hwy 221 to complete the boundary.

††††† (6) Tug Fork LEA Ė The area shall be within the boundary of the Revelation Energy Hunter Access Areas in Martin, Pike, and Floyd Counties, as established by signage.

 

††††† Section 10. Post-season Quota Hunt on Private Land. (1) A modern firearms quota hunt for antlerless elk and spikes shall take place beginning on the fourth Saturday in January for fourteen (14) consecutive days.

††††† (2) Each hunter shall be randomly drawn from the pool of applicants who:

††††† (a) Were not drawn for the previous elk quota hunts; and

††††† (b) Are residents of counties included, wholly or in part, within an EMU boundary.

††††† (3) A drawn applicant shall comply with the requirements in Section 7 of this administrative regulation except that an applicant may hunt only in the assigned EMU or on land the applicant owns within another EMU.

††††† (4) The EMU boundaries shall be as incorporated by reference in this administrative regulation.

††††† (5) Any public hunting area within an EMU shall be closed to elk hunting during this season.

 

††††† Section 11. Tagging and Checking Requirements. (1) Immediately after taking an elk, a hunter shall record on a hunterís log:

††††† (a) The species harvested;

††††† (b) The sex of the animal;

††††† (c) Date of harvest; and

††††† (d) County of harvest.

††††† (2) A hunter shall check a harvested elk before midnight on the day the elk is recovered by:

††††† (a) Calling (800) 245-4263 and providing the requested information; or

††††† (b) Completing the online check-in process at fw.ky.gov.

††††† (3) A hunter who has checked in an elk shall record the confirmation number on a hunterís log.

††††† (4) If the hide or head is removed from the carcass before the elk is checked in, then the hunter shall be required to demonstrate proof of the sex of the elk.

††††† (a) For antlered elk the hunter shall retain the:

††††† 1. Head with antlers; or

††††† 2. Testicles, scrotum, or penis attached to the carcass; or

††††† (b) For antlerless elk the hunter shall retain the:

††††† 1. Head; or

††††† 2. Udder or vulva attached to the carcass.

††††† (5) If a harvested elk leaves the possession of the hunter, the hunter shall attach to the carcass a hand-made tag that contains the hunterís:

††††† (a) Confirmation number;

††††† (b) Name; and

††††† (c) Telephone number.

††††† (6) A person shall not provide false information in:

††††† (a) Completing the hunterís log;

††††† (b) Checking an elk; or

††††† (c) Creating a carcass tag.

 

††††† Section 12. Elk Hunting on Public Land. (1) A person drawn for an elk quota hunt or the recipient of a special commission permit may hunt on the areas listed in paragraphs (a) through (f) of this subsection within the restoration zone pursuant to the conditions of the permit received:

††††† (a) Wildlife Management Areas;

††††† (b) Hunter Access Areas;

††††† (c) State forests;

††††† (d) Big South Fork National River and Recreation Area;

††††† (e) Daniel Boone National Forest; or

††††† (f) Jefferson National Forest.

††††† (2) Portions of Paintsville Lake WMA that lie out of the restoration zone shall be subject to the requirements established in Section 13 of this administrative regulation.

††††† (3) Elk hunting shall not be allowed on public areas during quota deer hunts listed in 301 KAR 2:178.

††††† (4) Paul Van Booven WMA.

††††† (a) The archery and crossbow seasons shall be open as established in Section 8 of this administrative regulation.

††††† (b) A firearm shall not be used to hunt elk.

††††† (5) A person shall not mimic the sound of an elk on public land open to elk hunting from September 1 until the opening of the elk archery season.

 

††††† Section 13. Out-of-zone Elk Hunting. (1) The methods for taking deer and the deer seasons established in 301 KAR 2:172 shall apply to a person taking elk outside of the restoration zone, except that a hunter shall comply with the weapons and ammunition requirements established in Section 7 of this administrative regulation.

††††† (2) Unless exempted by KRS 150.170, a person who is hunting out-of-zone elk shall possess:

††††† (a) A valid Kentucky hunting license; and

††††† (b) An out-of-zone elk permit.

††††† (3) A person may take an elk of either sex, which shall not count toward the person's deer bag limit.

††††† (4) Any elk harvested out-of-zone shall be telechecked pursuant to Section 11 of this administrative regulation.

 

††††† Section 14. A person who takes possession of any elk antler that has the skull or skull plate attached to it shall contact the departmentís Law Enforcement Division within twenty-four (24) hours to obtain a disposal permit.

 

††††† Section 15. A person who is the recipient of a valid elk quota hunt permit, landowner cooperator permit, voucher cooperator permit, an ERP, or special commission permit may defer use of the permit to the following year if:

††††† (1) There is a death of the permit holderís:

††††† (a) Spouse;

††††† (b) Child; or

††††† (c) Legal guardian, if the permit holder is under eighteen (18) years old; and

††††† (2) The permit holder provides to the department a death certificate and one (1) of the following documents prior to May 1 of the year following the hunting season:

††††† (a) A marriage certificate;

††††† (b) A birth certificate; or

††††† (c) An affidavit of paternity or maternity.

 

††††† Section 16. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "Knott-Floyd Elk Management Unit 2017 Edition" map; and

††††† (b) "Mayking Letcher Elk Management Unit 2017 Edition" map.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsmanís Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., Eastern time.

 

GREGORY K. JOHNSON, Commissioner

DON PARKINSON, Secretary

††††† APPROVED BY AGENCY: January 11, 2018

††††† FILED WITH LRC: January 12, 2018 at 10 a.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 22, 2018 at 10:00 A.M. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Sportsmanís 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 through February 28, 2018. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

††††† CONTACT PERSON: Mark Cramer, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane

Frankfort, Kentucky 40601, phone (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Mark Cramer

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes the requirements for the elk permit drawing and quota hunts, the conditions under which special commission permits, landowner cooperator permits, elk restoration permits, and cooperator voucher permits can be used, procedures for elk damage abatement, and any postseason hunt held after the quota hunts.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to effectively manage elk populations in Kentucky, while providing optimal elk hunting and tourism opportunities.

††††† (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 hunting seasons, bag limits, and the methods of taking wildlife. KRS 150.177 authorizes the department to issue special commission permits for game species to nonprofit wildlife conservation organizations. KRS 150.178 authorizes the department to issue cooperator permits to landowners who enroll property for public hunting access. KRS 150.390(3) authorizes the department to promulgate administrative regulations establishing the conditions under which depredation permits for elk may be issued.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will assist the statutes by establishing the requirements for the elk permit drawing, quota hunts, legal methods of harvest, the conditions under which special commission permits, landowner cooperator permits, elk restoration permits, and voucher cooperator permits can be used, the procedures for elk damage abatement and any postseason hunt held after the quota hunts.

††††† (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: The amendment modifies the points system in which landowners receive points under the voucher cooperator and elk restoration permits. Additionally, it modifies the total number of points landowners need to receive an elk permit under the voucher cooperator and elk restoration permit process. The amendment also requires all elk hunters to complete a post hunt survey.

††††† (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to adjust the point system to encourage more landowners to participate in the programs. Additionally, the postseason survey will provide vital information for the ongoing management effort for elk within the commonwealth.

††††† (c) How the amendment conforms to the content of 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 25,000 to 45,000 people who apply for the elk permit drawing in Kentucky each year, of which approximately 710 are drawn. Additionally, landowners who allow elk hunting through the agency receive elk permits every year for the enrollment of their land for elk hunting.

††††† (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: Landowners who allow elk hunting or elk trapping on their land will need fewer harvested or trapped elk on their property in order to receive an elk hunting permit. All elk hunters will now be required to complete and submit the post hunt survey.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): This amendment will not change any cost to the entities identified in (3).

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Landowners who allow the department to capture elk for restoration purposes or allow elk hunting on their property will now have fewer restrictions to receive an elk permit to be used on their property. The postseason survey will provide vital information for the ongoing elk management efforts within the commonwealth.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

††††† (a) Initially: Other than a minor administrative cost, there will be no additional cost to the agency to implement this administrative regulation.

††††† (b) On a continuing basis: There will be no additional cost to the agency on a continuing basis.

††††† (6) What is the source of the funding to be used for the 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: Additional fees for direct implementation of this regulation are not necessary, as infrastructure for conducting all aspects of elk management and quota hunts already exists.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees nor does it indirectly increase any fees.

††††† (9) TIERING: Is tiering applied? Yes. Residents of the counties within the EMUs who are not drawn for the regular quota hunt shall be eligible for a late season depredation hunt. This hunt allows residents to assist landowners in removing elk causing property damage in 2 areas with chronic nuisance elk problems. These tags can only be used on private land within one of the 2 Elk Management Units (EMUs). The number of tags to be issued will be determined by the level of nuisance elk cases or property damage caused by elk documented within the EMUs prior to January each year.

 

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 Kentucky Department of Fish and Wildlife Resources' Divisions of Wildlife and Law Enforcement will be impacted by this amendment.

††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 150.025, KRS 150.177, KRS 150.178, and KRS 150.390.

††††† (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? For the 2016 elk season, approximately 74,953 applications were purchased at $10 per application ($749,530 of revenue to the department). Approximately 721 of the 910 drawn hunters paid for elk permits, generating $72,000 in additional revenue to the department. Total revenue directly generated by the elk hunts for the department was $822,000 for the 2016 season.

††††† (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? It is estimated that approximately $600,000 to $850,000 will be generated from quota hunt applications and elk permits for the department. There is also a positive economic impact to cities, counties and local businesses in and near the elk restoration zone as hunters and tourists visit. This economic impact is estimated at $2.5 million annually in or near the elk zone.

††††† (c) How much will it cost to administer this program for the first year? There will be no additional costs for the first year.

††††† (d) How much will it cost to administer this program for subsequent years? There will be no additional costs incurred 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: