Title 301 | Chapter 002 | Regulation 142


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301 KAR 2:142.Spring wild turkey hunting.

Section 1.

Definitions.

(1)

"Legal wild turkey" means a wild turkey that is a male or has a visible beard.

(2)

"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.

(3)

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

Section 2.

Youth Turkey Season. There shall be a statewide youth-only turkey hunting season for two (2) consecutive days beginning on the first Saturday in April.

Section 3.

Statewide Turkey Season. There shall be a statewide turkey hunting season for twenty-three (23) consecutive days beginning on the Saturday closest to April 15.

Section 4.

Spring Turkey Hunting Requirements.

(1)

A person shall:

(a)

Only take legal turkeys;

(b)

Take no more than one (1) legal turkey per day statewide;

(c)

Take no more than one (1) legal turkey per WMA per season; and

(d)

Take no more than two (2) legal turkeys per season statewide, except on certain military installations or as otherwise provided by law.

(2)

A person shall not take a turkey using any device except the following equipment authorized by 301 KAR 2:140:

(a)

A firearm;

(b)

Archery equipment; or

(c)

A crossbow.

(3)

A person shall only hunt turkeys from one-half (1/2) hour before sunrise until one-half (1/2) hour after sunset.

(4)

A person who is assisting or calling a turkey for a legal hunter shall not be required to possess a hunting license or turkey permit.

Section 5.

Wildlife Management Area Requirements.

(1)

Unless specified in this section, spring season dates and the requirements of 301 KAR 2:140 shall apply to Wildlife Management Areas.

(2)

Barren River WMA. On the Peninsula Unit, including Narrows, Goose Island, and Grass Island, a person shall not use a breech-loading firearm to take a turkey.

(3)

Higginson-Henry WMA. A person shall not use a firearm to take a turkey.

(4)

Livingston County WMA. Statewide spring turkey season is open to youth only.

(5)

Pioneer Weapons WMA. A person shall not use the following to take a turkey:

(a)

A breech-loading firearm; or

(b)

A scope or optical enhancement.

(6)

Robinson Forest WMA. A person shall not hunt turkeys on the main block of the WMA.

(7)

West Kentucky WMA. Tracts marked with the letter "A" shall be closed for the statewide turkey season established in Section 3 of this administrative regulation.

Section 6.

Special Area Requirements.

(1)

Unless specified in this section, all the requirements of this administrative regulation shall apply.

(2)

A person shall comply with all federal requirements when hunting on the following federal areas:

(a)

Bluegrass Army Depot;

(b)

Fort Campbell;

(c)

Fort Knox;

(d)

Land Between the Lakes; and

(e)

Reelfoot National Wildlife Refuge.

(3)

A spring turkey season, not to exceed twenty-three (23) days, shall be allowed between the last Saturday in March and the second Sunday in May on the following areas:

(a)

Bluegrass Army Depot;

(b)

Fort Campbell;

(c)

Fort Knox;

(d)

Land Between the Lakes;

(e)

Reelfoot National Wildlife Refuge; and

(f)

Wendell H. Ford Regional Training Center.

(4)

A turkey taken on the following areas shall be considered a bonus bird:

(a)

Bluegrass Army Depot;

(b)

Fort Campbell; and

(c)

Fort Knox.

(5)

A person shall not take more than one (1) turkey on the following areas:

(a)

Land Between the Lakes; and

(b)

Reelfoot National Wildlife Refuge.

(6)

Otter Creek Outdoor Recreation Area. All statewide season requirements shall apply, except that shooting hours shall be from one-half (1/2) hour before sunrise to noon each day.

HISTORY: (24 Ky.R. 792; Am. 1060; eff. 11-12-1997; 25 Ky.R. 1692; 2135; eff. 3-10-1999; 26 Ky.R. 2017; 27 Ky.R. 75; eff. 7-17-2000; 3335; 28 Ky.R. 358; eff. 8-15-2001; 2413; eff. 7-15-2002; 29 Ky.R. 1317; eff. 1-16-2003; 31 Ky.R. 1705; 1962; eff. 6-8-2005; 32 Ky.R. 1923; eff. 7-7-2006; 33 Ky.R. 1893; eff. 4-6-2007; 38 Ky.R. 1042; 1300; eff. 2-3-2012; 39 Ky.R. 1298; 3-8-2013; 48 Ky.R. 886; eff. 3-1-2022; 49 Ky.R. 81, eff. 11-3-2022.)

RICH STORM, Commissioner
APPROVED BY AGENCY: June 15, 2022
FILED WITH LRC: June 15, 2022 at 10:30 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 24, 2022, at 11:00am, at KDFWR Administration Building, 1 Sportsman’s Lane, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. 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 be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jenny Gilbert, Legislative Affairs, Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, phone (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jenny Gilbert
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes season dates, shooting hours, and other requirements for spring wild turkey hunting in Kentucky.
(b) The necessity of this administrative regulation:
To regulate spring wild turkey hunting for the effective management of wild turkeys in Kentucky.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025(1) authorizes the department to promulgate administrative regulations establishing hunting seasons, bag limits, and the methods of taking wildlife, including wild turkeys. KRS 150.390(1) prohibits a person from taking, pursuing, or molesting a wild turkey in any manner contrary to the provisions of Chapter 150 or its administrative regulations.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in administering the above statutes by defining the seasons, bag limits, and methods of taking wild turkeys in Kentucky.
(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:
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to enact changes and clarifications to spring turkey hunting regulations.
(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:
All hunters that pursue wild turkeys during the spring hunting season will be affected by this regulatory amendment. In 2020, there were roughly 80,000 licensed turkey hunters in Kentucky.
(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:
Those who hunt wild turkeys must comply with the individual requirements for hunting seasons for turkeys, which includes the amended bag limit for WMAs.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The cost for resident adults to turkey hunt is either $57 ($30 Spring Turkey Permit plus $27 Annual Hunting License), $72 ($30 Spring Turkey Permit plus $42 Annual Combination Hunting/Fishing License), $95 (Sportsman’s License), or $12 (Senior/Disabled Sportsman’s License). The cost for resident youth to turkey hunt is either $16 ($10 Youth Turkey Permit plus $6 Annual Youth Hunting License) or $30 (Youth Sportsman’s License). The cost for nonresident adults is $235 ($85 Spring Turkey Permit plus $150 Annual Hunting License). The cost for nonresident youth is $25 ($15 Youth Turkey Permit plus $10 Annual Youth Hunting License).
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Hunting opportunity will be decreased on WMAs to ensure a sustainable turkey population for the future. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be a small administrative cost to the department to implement this regulation.
(b) On a continuing basis:
There will be a small cost to the department 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:
It will not be necessary to increase a fee or funding to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees nor does it indirectly increase any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not used because all persons who hunt wild turkeys in spring are required to abide by the same requirements.

FISCAL NOTE
(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(1) and 150.390(1).
(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 2021 spring turkey season, the total amount of revenue generated from the sale of licenses and permits was approximately $12,000,000 (this estimate includes total revenue from all license and permit types that conferred the spring turkey hunting privilege corrected for the estimated percentage of eligible license holders that hunted based on recent surveys). The amount of revenue generated by this administrative regulation will decrease if non-resident license/permit sales decline due to the reduction in bag limit.
(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?
The amount of revenue generated by this administrative regulation for subsequent years is unknown but will likely be less than in 2021.
(c) How much will it cost to administer this program for the first year?
There will be a small administrative cost to administer this program for the first year.
(d) How much will it cost to administer this program for subsequent years?
There will be a small administrative cost incurred 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 (+/-):
Same.
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None. This administrative regulation does not amend fees nor does it reduce the cost burden to spring turkey hunters. These amendments will allow for less spring turkey hunting opportunity at the same cost as before.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None. This administrative regulation does not amend fees nor does it reduce the cost burden to spring turkey hunters. These amendments will allow for less spring turkey hunting opportunity at the same cost as before.
(c) How much will it cost the regulated entities for the first year?
The cost of a spring turkey permit or license types that confer the same privileges will remain the same. For a resident adult hunter, that cost is either $57, $72, or $95. For a non-resident adult hunter, that cost is $235. For a resident youth that cost is either $16 or $30. For a non-resident youth that cost is $25.
(d) How much will it cost the regulated entities for subsequent years?
Each year, the cost will remain the same under the current regulations.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
None.
Expenditures (+/-):
Same.
Other Explanation:
See explanations above.
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)]. This amendment will not result in any form of major economic impact as the license and permit fees associated with this regulation have not changed and the possible decline in revenue with fewer non-resident licenses and permits will be slight relative to overall agency revenues.

FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
None.
(2) State compliance standards.
None associated with this regulation.
(3) Minimum or uniform standards contained in the federal mandate.
None.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
No.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A.

7-Year Expiration: 11/3/2029

Last Updated: 11/30/2022


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