Title 301 | Chapter 002 | Regulation 142
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 2:142.Spring wild turkey hunting.
Section 1.
Definitions.(1)
"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.(2)
"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.
Turkey Hunting Requirements.(1)
A person shall not take more than:(a)
One (1) male turkey per day;(b)
One (1) turkey with a visible beard per day;(c)
Two (2) male turkeys per season; or(d)
Two (2) turkeys with visible beards per season.(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 otherwise 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 otherwise 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 and shall not count toward the hunter's season bag limits:(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.)
RICH STORM, Commissioner
MIKE BERRY, Secretary
APPROVED BY AGENCY: August 3, 2021
FILED WITH LRC: August 5, 2021 at 9:22 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 22, 2021 at 10:00 a.m. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Sportsman’s 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 October 31, 2021. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Beth Frazee, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone (502) 564-3400, email fwpubliccomments@ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Beth Frazee
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes season dates, shooting hours, and other requirements for spring turkey hunting.
(b) The necessity of this administrative regulation:
This regulation establishes hunting seasons, bag limits, and the methods of taking wildlife. KRS 150.390(1) prohibits a per-son from taking, pursuing, or molesting a wild turkey in any manner contrary to the provisions of Chapter 150 or its administrative regulations. This administrative regulation is necessary to effectively manage wildlife populations in Kentucky.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.015 requires the department to protect and conserve the wildlife of this Commonwealth. KRS 150.025(l)(h) authorizes the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 150.
(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 spring turkey season.
(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 cleans up and simplifies language in the existing regulation in regards to spring turkey season requirements.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary as part of the agencies continued efforts to update and simplify our 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:
Individuals hunting turkey.
(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:
Compliance with the spring turkey season requirements and bag limits.
(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):
Healthy sustainable wildlife populations. (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 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 funding source is the KDFWR state fish and game funds.
(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 or funding for direct implementation of this regulation are not necessary as the regulation 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?
No.
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' Di-visions 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.
150.025(1), 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?
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 state and local governments.
(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:
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 2:142.Spring wild turkey hunting.
Section 1.
Definitions.(1)
"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.(2)
"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.
Turkey Hunting Requirements.(1)
A person shall not take more than:(a)
One (1) male turkey per day;(b)
One (1) turkey with a visible beard per day;(c)
Two (2) male turkeys per season; or(d)
Two (2) turkeys with visible beards per season.(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 otherwise 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 otherwise 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 and shall not count toward the hunter's season bag limits:(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.)
RICH STORM, Commissioner
MIKE BERRY, Secretary
APPROVED BY AGENCY: August 3, 2021
FILED WITH LRC: August 5, 2021 at 9:22 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 22, 2021 at 10:00 a.m. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Sportsman’s 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 October 31, 2021. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Beth Frazee, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone (502) 564-3400, email fwpubliccomments@ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Beth Frazee
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes season dates, shooting hours, and other requirements for spring turkey hunting.
(b) The necessity of this administrative regulation:
This regulation establishes hunting seasons, bag limits, and the methods of taking wildlife. KRS 150.390(1) prohibits a per-son from taking, pursuing, or molesting a wild turkey in any manner contrary to the provisions of Chapter 150 or its administrative regulations. This administrative regulation is necessary to effectively manage wildlife populations in Kentucky.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.015 requires the department to protect and conserve the wildlife of this Commonwealth. KRS 150.025(l)(h) authorizes the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 150.
(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 spring turkey season.
(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 cleans up and simplifies language in the existing regulation in regards to spring turkey season requirements.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary as part of the agencies continued efforts to update and simplify our 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:
Individuals hunting turkey.
(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:
Compliance with the spring turkey season requirements and bag limits.
(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):
Healthy sustainable wildlife populations. (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 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 funding source is the KDFWR state fish and game funds.
(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 or funding for direct implementation of this regulation are not necessary as the regulation 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?
No.
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' Di-visions 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.
150.025(1), 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?
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 state and local governments.
(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: