301 KAR 2:251. Hunting and trapping seasons and limits for furbearers.

 

      RELATES TO: KRS 150.170, 150.180, 150.360, 150.370, 150.399, 150.400, 150.415, 150.416, 150.990

      STATUTORY AUTHORITY: KRS 150.025, 150.175, 150.410

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to establish seasons for the taking of game and fish and to regulate bag and possession limits, the methods of taking and the devices used to take wildlife. KRS 150.175 authorizes the department to issue licenses, permits, and tags for hunting and trapping. KRS 150.410 authorizes the department to regulate trap tags, trap visitation, and trap placement to protect domestic animals. This administrative regulation establishes seasons, bag limits, and legal methods for hunting and trapping furbearers.

 

      Section 1. Definitions. (1) "Body-gripping trap" means a commercially manufactured spring-loaded trap designed to kill the animal upon capture.

      (2) "Dry land set" means a trap that is not set to submerge an animal in water upon capture.

      (3) "Foothold trap" means a commercially manufactured spring-loaded trap with smooth, metallic jaws that close upon an animal's foot.

      (4) "Furbearer" means mink, muskrat, beaver, raccoon, opossum, gray fox, red fox, least weasel, long-tailed weasel, river otter, bobcat, coyote, and striped skunk.

      (5) "Hunter" means a person hunting furbearers with gun, gun and dog, bow and arrow, dog, or by falconry.

      (6) "Snare" means a wire, cable, or string with a knot, loop, or a single piece closing device which is not power or spring assisted.

      (7) "Squaller" means a hand-operated, mouth-operated, or electronic call capable of mimicking the vocalizations of furbearers.

      (8) "Trap" means a body-gripping trap, box trap, deadfall, foothold trap, snare, or wire cage trap used to catch furbearers.

      (9) "Water set" means a trap set to submerge an animal in water upon capture.

      (10) "Youth" means a person who has not reached sixteen (16) years of age.

 

      Section 2. Hunting and Trapping Seasons. Except as specified in 301 KAR 2:049 or 301 KAR 2:125, a person shall not take the following wildlife except during the dates specified in this section:

      (1) Raccoon and opossum:

      (a) Hunting from: November 1 through the last day of February. During the modern gun deer season, as established in 301 KAR 2:172 a raccoon or opossum hunter shall not take raccoons or opossums during daylight hours;

      (b) Trapping: from noon on the third day of the modern gun deer season through the last day of February.

      (2) Coyote:

      (a) Hunting: year round.

      (b) Trapping: from noon on the third day of modern gun deer season through the last day of February.

      (3) Bobcat:

      (a) Hunting: from noon on the third Saturday in November through January 31.

      (b) Trapping: from noon on the third day of the modern gun deer season through the last day of February.

      (4) All other furbearers: from noon on the third day of the modern gun deer season through the last day of February.

      (5) Furbearers taken by falconry: September 1 through March 30.

      (6) There shall not be a closed season on:

      (a) Chasing red and gray foxes during daylight hours for sport and not to kill; and

      (b) Chasing raccoons or opossums for sport and not to kill.

      (7) For seven (7) consecutive days beginning on the Saturday after Christmas, a youth may hunt or trap furbearers without a hunting or trapping license, but all other statewide requirements shall apply.

 

      Section 3. Bag Limits. (1) There shall not be a bag limit on furbearers except for:

      (a) Bobcats;

      (b) River otters; and

      (c) Those taken by falconry.

      (2) A person shall not take more than five (5) bobcats per season, no more than three (3) of which shall be taken with a gun.

      (3) A person shall not take more than six (6) river otters per season.

      (4) A falconer hunting within the falconry season, but outside the dates specified in Section 2(1) through (4) of this administrative regulation, shall not take more than two (2) of any furbearer per day.

 

      Section 4. Legal Hours of Take. (1) Furbearers: daylight hours only, except for raccoon and opossum.

      (2) Raccoon and opossum: day or night, except that a person shall not take raccoons or opossums during daylight hours during the modern gun deer season, as established in 301 KAR 2:172.

 

      Section 5. Use of Calls. A hunter may use a hand- or mouth-operated call, electronic call, or any other attracting device during a furbearer hunting season.

 

      Section 6. Raccoon and Opossum Restrictions. (1) A hunter shall not use a light from a boat to take raccoon or opossum.

      (2) Except as specified in subsection (3) of this section, a person shall not use the following while chasing raccoon or opossum from noon on March 1 through October 31:

      (a) A firearm;

      (b) Slingshot;

      (c) Tree climber;

      (d) Squaller; or

      (e) Any device to kill, injure, or force a raccoon or opossum from a tree or den.

      (3) A person participating in a department-approved raccoon dog trial sanctioned by one (1) of the following organizations may use a squaller:

      (a) The American Coon Hunters Association;

      (b) The American Kennel Club/American Coon Hunters Association;

      (c) The National Kennel Club;

      (d) The Professional Kennel Club;

      (e) The United Coon Hunters Association; and

      (f) The United Kennel Club.

 

      Section 7. Trapping Methods. (1) A person who is trapping on dry land shall not:

      (a) Set traps closer than ten (10) feet apart; or

      (b) Use any trap except for the following:

      1. Deadfall;

      2. Wire cage or box trap;

      3. Foothold trap with a maximum inside jaw spread of six (6) inches measured perpendicular to the hinges;

      4. Body-gripping trap with a maximum inside jaw spread of seven and one-half (7.5) inches measured parallel with the trigger; or

      5. A snare.

      (2) There shall be no restrictions on the size or type of trap used as a water set.

      (3) A trap shall not be set in a trail or path commonly used by a human or a domestic animal.

      (4) A trapper may use lights from a boat or a vehicle.

 

      Section 8. Harvest Recording. Immediately after taking a river otter or bobcat, a person shall:

      (1) Record, in writing, the species, date taken, county where taken, and sex of the river otter or bobcat before moving the carcass from the site where taken. This information shall be logged and registered on one (1) of the following:

      (a) Hunter’s log section on the reverse side of a license or permit;

      (b) Hunter's log from the current hunting and trapping guide;

      (c) Hunter’s log printed from the Internet;

      (d) Hunter’s log available from any KDSS agent; or

      (e) An index or similar card; and

      (2) Retain and possess the completed hunter’s log if the hunter is in the field during the current season.

 

      Section 9. Checking a River Otter or Bobcat. (1) A person shall check a harvested river otter or bobcat by calling the toll free number listed in the current hunting and trapping guide on the day the river otter or bobcat is harvested and:

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

      (b) Writing the confirmation number given by the automated check-in system on the hunter's log described in Section 8 of this administrative regulation.

      (2) A person wishing to sell the raw fur of a river otter or bobcat to a licensed fur processor, fur buyer, or taxidermist or wishing to export a river otter or bobcat pelt outside the United States shall:

      (a) Call the department’s toll-free information number and request a Convention on International Trade of Endangered Species of Flora and Fauna (CITES) tag by providing:

      1. A valid confirmation number as described in subsection (1) of this section; and

      2. A street address where the tag is to be mailed; or

      (b) Access the department's Web site at http://fw.ky.gov/ complete and submit the CITES tag request form.

      (3) If a harvested river otter or bobcat leaves the possession of a hunter or trapper and does not have a CITES tag attached to it, the hunter or trapper shall attach a handmade tag to the carcass, that contains;

      (a) The confirmation number;

      (b) The hunter or trapper's name; and

      (c) The hunter or trapper's phone number.

      (4) A person shall not provide false information if completing the hunter’s log, checking a river otter or bobcat, or creating a carcass tag.

      (5) A CITES tag shall be attached to the raw fur, pelt, or unskinned carcass per the instructions provided by the department and remain with the pelt until it is processed or exported outside the United States.

      (6) Possession of an unused CITES tag is prohibited unless authorized by the department.

 

      Section 10. Transporting and Processing a River Otter or Bobcat. (1) A person shall not sell the raw fur of a river otter or bobcat except to a licensed:

      (a) Fur buyer;

      (b) Fur processor; or

      (c) Taxidermist.

      (2) A taxidermist, fur buyer, or fur processor shall:

      (a) Not accept a river otter or bobcat carcass or any part of a river otter or bobcat without a proper carcass tag or CITES tag described in Section 9of this administrative regulation; and

      (b) Keep the following information from a hunter or trapper:

      1. Name;

      2. Address;

      3. Confirmation number or CITES tag number; and

      4. Date received for each river otter or bobcat.

 

      Section 11. Trap Tags. (1) Each trap shall have a metal tag attached to it that clearly shows one (1) of the following:

      (a) The name and address of the person setting, using, or maintaining the trap; or

      (b) A wildlife identification number issued by the department and the 1-800-25ALERT department hotline phone number.

      (2) A person may apply for a wildlife identification number by:

      (a) Accessing the department's Web site at http://fw.ky.gov/; or

      (b) Calling the department's information center at 1-800-858-1549.

      (3) The following information shall be required for a person to apply for a wildlife identification number:

      (a) Name;

      (b) Current home address;

      (c) Social Security number;

      (d) Current phone number;

      (e) Date of birth; and

      (f) Driver's license number, if available.

      (4) A person shall:

      (a) Not use a trap tag that has an inaccurate or outdated address;

      (b) Not use a trap tag that has a wildlife identification number that corresponds to an inaccurate or outdated address or phone number; and

      (c) Contact the department to provide updated address and phone number.

      (5) A wildlife identification number is valid for the life of the holder. (20 Ky.R. 2928; Am. 3193; eff. 6-2-94; 21 Ky.R. 1915; 2478; eff. 4-6-95; 22 Ky.R. 1491; eff. 4-5-96; 23 Ky.R. 3879; eff. 7-9-97; 25 Ky.R. 1435; eff. 2-10-99; 27 Ky.R. 214; 754; eff. 8-24-2000; 3340; 28 Ky.R. 363; eff. 8-15-2001; 2423; eff. 7-15-02; 29 Ky.R. 2139; eff. 4-11-03; 2964; eff. 8-13-03; 31 Ky.R. 838; 1077; eff. 1-4-05; 1717; eff. 6-8-05; 32 Ky.R. 1765; eff. 6-2-06; 33 Ky.R. 519; eff. 10-11-06; 3426; 3604; eff. 6-13-07; 35 Ky.R. 1008; 1743; eff. 3-6-09; 36 Ky.R. 865; 1199; eff. 10-23-09; 37 Ky.R. 797; eff. 11-4-2010.)