Title 301 | Chapter 002 | Regulation 090


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TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amended at ARRS Committee)

301 KAR 2:090.Means by which migratory game birds may be taken.

Section 1.

Definitions.

(1)

"Baited area" means any area where shelled, shucked, or unshucked corn;, wheat or other grain;, salt;, or other feed whatsoever capable of luring, attracting, or enticing migratory gamesuch birds is directly or indirectly, placed, exposed, deposited, distributed, or scattered., and such area shall remain a baited area for ten (10) days following complete removal of all such corn, wheat or other grain, salt, or other feed.

(2)

"Baiting" means the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn;, wheat or other grain;, salt;, or other feed so as to constitute for migratory gamesuch birds a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to take them.

Section 2.

Prohibited Hunting Methods.

(1)

Migratory birds foron which open seasons are prescribed may be taken by any method except those prohibited in this section.

(2)

Migratory game birds and migratory waterfowl shall not be taken:

(a)

With a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than ten (10) gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance;

(b)

With a shotgun of any description capable of holding more than three (3) shells, unless it is plugged with a one (1) piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three (3) shells, except that this restriction shalldoes not apply during the light geese conservation order season;

(c)

From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;

(d)

From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind;

(e)

From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off or the sails furled, and its progress therefrom has ceased, except that a craft under power may be used to retrieve dead or crippled birds. but Crippled birds shall not be shot from asuch craft under power;

(f)

By the use or aid of live birds as decoys;

(g)

On an area where tame or captive live ducks or geese are present, unless thesuch birds are and have been for a period of ten (10) consecutive days prior to thesuch taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals thesuch birds from the sight of wild migratory waterfowl;

(h)

By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds, except that this restriction shalldoes not apply during the light geese conservation order season;

(i)

By the means or aid of any motor-driven land, water, or air conveyance or any sailboat used for the purpose of or resulting in the concentration, driving, rallying, or stirring up of any migratory bird; or

(j)

By the aid of baiting, or on or over any baited area, except that nothing in this paragraph shall not prohibit:

1.

The taking of all migratory game birds, including waterfowl, on or over standing crops or, flooded standing crops, including:

a.

Aquatics;,

b.

Flooded harvested croplands;,

c.

Grain crops properly shocked on the field where grown;, or

d.

Grains found scattered solely as the result of normal agricultural planting or harvesting; and

2.

The taking of all migratory game birds, except waterfowl, on or over any lands where baiting has occurred as the result of:

a.

Bona fide agricultural operations or procedures; or

b.

Manipulation of a crop or other feed on the land where grown for wildlife management purposes, ifprovided that manipulation for wildlife management purposes does not include the distribution or scattering of grain or other feed once it has been removed from or stored on the field where grown.

(3)

A baited area shall remain a baited area for ten (10) days following complete removal of all corn, wheat or other grain, salt, or other feed.

Section 3.

Transporting, Importing and Exporting.

(1)

Migratory game birds lawfully killed and possessed in accordance with the hunting laws and administrative regulations of any foreign country,or any state in the United States, or subdivision of a statethereof, shallmust be imported, exported, or transported in accordance with the provisions specified in 50 C.F.R. Part 20Title 50, Chapter 1, Subchapter B, Part 20 of the Code of Federal Regulations.

(2)

ANo person shall not transport within the United States any migratory game birds, except doves, unless the head or one (1) fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a commercial preservation facility.

Section 4.

Tagging and Recordkeeping Requirements.

(1)

ANo person shall not put or leave any migratory game birds at any place, other than at his or her personal abode, or in the custody of another person, for picking, cleaning, processing, shipping, transportation, or storage, including temporary storage, or for the purpose of having taxidermy services performed, unless thesuch birds have a tag attached, signed by the hunter, stating his:

(a)

Address;

(b)

The total number and species of birds; and

(c)

The date thesuch birds were killed.

(2)

Migratory game birds being transported in any vehicle as the personal baggage of the possessor shall not be considered as being in storage or temporary storage.

(3)

ANo person shall not receive, or have in custody, any migratory game birds belonging to another person unless thesuch birds are tagged as required under subsection (1) of this section.

(4)

ANo person shall not transport migratory game birds belonging to another person unless thesuch birds are tagged as required under subsection (1) of this section.

Section 5.

Commercial Frozen Food LockersPreservation Facilities.

(1)

ANo commercial frozen food lockerpreservation facility shall receive or have in custody any migratory game birds unless thesuch birds are tagged as required in Section 4(1) of this administrative regulation.

(2)

ANo commercial frozen food lockerpreservation facilities shall not:

(a)

Receive or have in custody any migratory game birds unless accurate records are maintained showing:

1.

The number of each species;

2.

The date thesuch birds were received;

3.

The name and address of the person from whom thesuch birds were received;

4.

The date thesuch birds were disposed of; and

5.

The name and address of the person to whom thesuch birds were delivered.

(b)

Destroy any records required to be maintained under this section for a period of one (1) year following the last entry on the record.

(c)

Prevent any person authorized to enforce this administrative regulation from entering the facilitysuch facilities at all reasonable hours and inspecting the records and the premises where thesuch operations are being carried on.

Section 6.

Wanton Waste Law. ANo person shall not kill or cripple any migratory game bird pursuant to this administrative regulation without making a reasonable effort to retrieve the bird and include it in his daily bag limit.

HISTORY: (KFWR-G-102; 1 Ky.R. 732; eff. 5-14-75; Crt eff. 2-25-2020; 46 Ky.R. 1016, 1830; eff. 3-3-2020; 49 Ky.R. 77, 765; eff. 10-20-2022.)

FILED WITH LRC: September 13, 2022
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.

7-Year Expiration: 6/8/2030

Last Updated: 6/20/2023


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