Title 301 | Chapter 002 | Regulation 122REG
PROPOSED
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TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 2:122.Seasons, methods, and limits for small game.
Section 1.
Definitions.(1)
"Eastern Zone" means the third through the ninth wildlife districts as established in 301 KAR 4:010.(2)
"Grouse Zone" means the area consisting of Adair, Bath, Bell, Boyd, Bracken, Breathitt, Campbell, Carter, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Greenup, Harlan, Harrison, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Mason, Menifee, Montgomery, Morgan, Nicholas, Owsley, Pendleton, Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe Counties.(3)
"Modern gun deer season" means the season as established in 301 KAR 2:172.(4)
"Rabbit" means an eastern cottontail rabbit, swamp rabbit, or Appalachian cottontail rabbit.(5)
"Small game" means squirrels, rabbits, northern bobwhite, or ruffed grouse.(6)
"Squirrel" means a gray squirrel or fox squirrel.(7)
"Western Zone" means the first and second wildlife districts as established in 301 KAR 4:010.Section 2.
Methods of Harvest for Small Game.(1)
A person shall use any of the following to take small game:(a)
Rimfire gun or rimfire handgun;(b)
Shotguns no larger than 10-gauge;(c)
Muzzle-loading gun;(d)
.410-gauge handgun;(e)
Bow and arrow;(f)
Crossbow;(g)
The following caliber air-guns with pellets:1.
.177;2.
.20;3.
.22; or4.
.25;(h)
Slingshot with manufactured hunting ammunition;(i)
Dogs;(j)
Falconry, pursuant to 301 KAR 2:195; or(k)
Trapping, pursuant to Section 5 of this administrative regulation, for:1.
Rabbits; or2.
Squirrel.(2)
A person shall not use the following to take small game:(a)
A shotgun shell containing a shot size larger than number two (2); or(b)
Single projectile shotgun ammunition.Section 3.
Small Game Hunting Seasons.(1)
Except as established in 301 KAR 2:049, a person shall not take small game except during the dates specified in this section.(2)
Small game taken by falconry: September 1 through March 30.(3)
Squirrel:(a)
The third Saturday in May through the third Sunday(b)
The third Saturday in August through the last day of February, except the season shall be closed during the first two (2) days of modern gun deer season.(4)
Rabbit and northern bobwhite:(a)
Western Zone: the third day of modern gun deer season through February 10.(b)
Eastern Zone: November 1 until January 31, except the season shall be closed during the first two (2) days of modern gun deer season.(5)
Ruffed Grouse: November 1 through the last day of February in the Grouse Zone, except the season shall be closed during the first two (2) days of modern gun deer season.(6)
There shall not be a closed season for chasing rabbits during daylight hours for sport and not to kill.(7)
Free youth week. For seven (7) consecutive days beginning on the Saturday after Christmas, a youth may take small game without a hunting or trapping license, but shall be in compliance with all other statewide requirements.Section 4.
Limits and Other Requirements.(1)
The small game possession limits shall be twice the daily bag limits.(2)
Daily bag limits:(a)
Squirrel: six (6);(b)
Rabbit: four (4);(c)
Northern bobwhite: eight (8); and(d)
Ruffed grouse: four (4).(3)
A falconer hunting outside any of the dates specified in Section 3(3) and (4) of this administrative regulation shall not take more than two (2) small game animals per day.(4)
A person shall hunt small game during daylight hours only.Section 5.
Trapping for Squirrel and Rabbit. A person trapping for squirrel or rabbit shall:(1)
Comply with the requirements established in 301 KAR 2:251;(2)
Only trap when the small game hunting season and trapping season overlap;(3)
Possess a trapping license;(4)
Comply with daily bag and possession limits pursuant to Section 4 of this administrative regulation; and(5)
Harvest squirrel and rabbits upon capture, except for a person possessing a valid captive wildlife permit, pursuant to 301 KAR 2:081.RICH STORM, Commissioner
APPROVED BY AGENCY: March 15, 2024
FILED WITH LRC: March 15, 2024
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 31, 2024, at 9:30 a.m., 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 May 31, 2024. 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: CONTACT PERSON: Jenny Gilbert, Legislative Liaison, 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 administrative regulation establishes seasons, bag limits, and methods of take for small game.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to effectively manage wildlife populations in Kentucky, specifically those designated as small game.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025(l)(h) authorizes the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 150. KRS 150.025(1) authorizes Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations to establish seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply to a limited area.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by establishing requirements for the taking of small game.
(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:
This amendment will fix punctuation or grammatical errors in the existing regulation. This amendment also extends the season for small game by two days through the third Sunday in June.
(b) The necessity of the amendment to this administrative regulation:
See (2) (a) above.
(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:
Anyone hunting small game 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:
Individuals will have to follow regulations in place for hunting small game.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This amendment does not alter any costs for the entities in question (3).
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
n/a
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
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 continual basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Fish and Game 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:
There will not be any increase of fees or funding necessary to implement this amendment.
(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?
Tiering is not applied as all hunters are subject to the same restrictions.
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?
Kentucky Department of Fish and Wildlife Resources
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 150.340, 150.360, 150.370, 150.990
(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?
No revenue will be generated for the state or local government.
(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?
No revenue will be generated for the state or local government.
(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 for the first year.
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:
(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?
This amendment will not generate any cost savings for the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This amendment will not generate any cost savings for subsequent years.
(c) How much will it cost the regulated entities for the first year?
There will be no costs to regulated entities for the first year.
(d) How much will it cost the regulated entities for subsequent years?
There will be no costs to regulated entities for subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(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 have a major economic impact as there will be no change to expenditures or fees.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 2:122.Seasons, methods, and limits for small game.
Section 1.
Definitions.(1)
"Eastern Zone" means the third through the ninth wildlife districts as established in 301 KAR 4:010.(2)
"Grouse Zone" means the area consisting of Adair, Bath, Bell, Boyd, Bracken, Breathitt, Campbell, Carter, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Greenup, Harlan, Harrison, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Mason, Menifee, Montgomery, Morgan, Nicholas, Owsley, Pendleton, Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe Counties.(3)
"Modern gun deer season" means the season as established in 301 KAR 2:172.(4)
"Rabbit" means an eastern cottontail rabbit, swamp rabbit, or Appalachian cottontail rabbit.(5)
"Small game" means squirrels, rabbits, northern bobwhite, or ruffed grouse.(6)
"Squirrel" means a gray squirrel or fox squirrel.(7)
"Western Zone" means the first and second wildlife districts as established in 301 KAR 4:010.Section 2.
Methods of Harvest for Small Game.(1)
A person shall use any of the following to take small game:(a)
Rimfire gun or rimfire handgun;(b)
Shotguns no larger than 10-gauge;(c)
Muzzle-loading gun;(d)
.410-gauge handgun;(e)
Bow and arrow;(f)
Crossbow;(g)
The following caliber air-guns with pellets:1.
.177;2.
.20;3.
.22; or4.
.25;(h)
Slingshot with manufactured hunting ammunition;(i)
Dogs;(j)
Falconry, pursuant to 301 KAR 2:195; or(k)
Trapping, pursuant to Section 5 of this administrative regulation, for:1.
Rabbits; or2.
Squirrel.(2)
A person shall not use the following to take small game:(a)
A shotgun shell containing a shot size larger than number two (2); or(b)
Single projectile shotgun ammunition.Section 3.
Small Game Hunting Seasons.(1)
Except as established in 301 KAR 2:049, a person shall not take small game except during the dates specified in this section.(2)
Small game taken by falconry: September 1 through March 30.(3)
Squirrel:(a)
The third Saturday in May through the third Sunday in June; and(b)
The third Saturday in August through the last day of February, except the season shall be closed during the first two (2) days of modern gun deer season.(4)
Rabbit and northern bobwhite:(a)
Western Zone: the third day of modern gun deer season through February 10.(b)
Eastern Zone: November 1 until January 31, except the season shall be closed during the first two (2) days of modern gun deer season.(5)
Ruffed Grouse: November 1 through the last day of February in the Grouse Zone, except the season shall be closed during the first two (2) days of modern gun deer season.(6)
There shall not be a closed season for chasing rabbits during daylight hours for sport and not to kill.(7)
Free youth week. For seven (7) consecutive days beginning on the Saturday after Christmas, a youth may take small game without a hunting or trapping license, but shall be in compliance with all other statewide requirements.Section 4.
Limits and Other Requirements.(1)
The small game possession limits shall be twice the daily bag limits.(2)
Daily bag limits:(a)
Squirrel: six (6);(b)
Rabbit: four (4);(c)
Northern bobwhite: eight (8); and(d)
Ruffed grouse: four (4).(3)
A falconer hunting outside any of the dates specified in Section 3(3) and (4) of this administrative regulation shall not take more than two (2) small game animals per day.(4)
A person shall hunt small game during daylight hours only.Section 5.
Trapping for Squirrel and Rabbit. A person trapping for squirrel or rabbit shall:(1)
Comply with the requirements established in 301 KAR 2:251;(2)
Only trap when the small game hunting season and trapping season overlap;(3)
Possess a trapping license;(4)
Comply with daily bag and possession limits pursuant to Section 4 of this administrative regulation; and(5)
Harvest squirrel and rabbits upon capture, except for a person possessing a valid captive wildlife permit, pursuant to 301 KAR 2:081.RICH STORM, Commissioner
APPROVED BY AGENCY: March 15, 2024
FILED WITH LRC: March 15, 2024
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 31, 2024, at 9:30 a.m., 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 May 31, 2024. 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: CONTACT PERSON: Jenny Gilbert, Legislative Liaison, 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 administrative regulation establishes seasons, bag limits, and methods of take for small game.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to effectively manage wildlife populations in Kentucky, specifically those designated as small game.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025(l)(h) authorizes the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 150. KRS 150.025(1) authorizes Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations to establish seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply to a limited area.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by establishing requirements for the taking of small game.
(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:
This amendment will fix punctuation or grammatical errors in the existing regulation. This amendment also extends the season for small game by two days through the third Sunday in June.
(b) The necessity of the amendment to this administrative regulation:
See (2) (a) above.
(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:
Anyone hunting small game 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:
Individuals will have to follow regulations in place for hunting small game.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This amendment does not alter any costs for the entities in question (3).
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
n/a
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
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 continual basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Fish and Game 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:
There will not be any increase of fees or funding necessary to implement this amendment.
(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?
Tiering is not applied as all hunters are subject to the same restrictions.
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?
Kentucky Department of Fish and Wildlife Resources
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 150.340, 150.360, 150.370, 150.990
(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?
No revenue will be generated for the state or local government.
(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?
No revenue will be generated for the state or local government.
(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 for the first year.
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:
(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?
This amendment will not generate any cost savings for the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This amendment will not generate any cost savings for subsequent years.
(c) How much will it cost the regulated entities for the first year?
There will be no costs to regulated entities for the first year.
(d) How much will it cost the regulated entities for subsequent years?
There will be no costs to regulated entities for subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(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 have a major economic impact as there will be no change to expenditures or fees.