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Title 301 | Chapter 002 | Regulation 176REG

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

301 KAR 2:176.Wildlife causing damage and landowner designee process.Deer control tags, deer destruction permits, and landowner designees.

RELATES TO:

KRS 150.010, 150.175, 150.360, 150.390, 150.990

STATUTORY AUTHORITY:

KRS 150.025(1), 150.105, 150.170(7), 150.186

CERTIFICATION STATEMENT:

The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the commissioner with approval of the commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply to a limited area. KRS 150.105 authorizes the commissioner with the approval of the commission to destroy or bring under control wildlife causing damage. KRS 150.170(7) authorizes landowners, their spouses or dependent children, or a designee to destroy wildlife causing damage. It also authorizes the department to promulgate administrative regulations that establish procedures for the designee appointment process. This administrative regulation establishes the requirements for the issuance of wildlifedeer control tags and deer destruction tagspermits and establishes the requirements for the landowner designee appointment process.

Section 1.

Definitions.

(1)

"Carcass tag" means a tag affixed to the carcass that allows the individual who legally takes the animal to move the carcass, utilize the edible parts of the same, or transfer possession to another individual."Deer control tag" means a tag issued by the department that authorizes a hunter to take antlerless deer during an open deer season pursuant to 301 KAR 2:172.

(2)

"Control tag" means a tag issued by the department that authorizes an individual to take wildlife during an open hunting or trapping season for the species causing damage.

(3)

"Destruction tag" means an authorization issued by the department that authorizes a landowner or designee to take wildlife outside of an open hunting or trapping season for the species causing damage.

(2)

"Deer destruction permit" means written authorization from the department to take deer outside the hunting season framework established in 301 KAR 2:172.

(3)

"Deer food plot" means a crop or cultivated plants grown to attract and feed deer.

(4)

"Department representative" means a department employee who is a wildlife biologist or game warden.qualified and authorized by the commissioner to assess deer damage.

(5)

"Designee" means a person who has been designated by a landowner and approved by the commissioner to remove wildlife causing damage on the landowner's property.

(6)

"Food plot" means a crop or cultivated plants grown to attract and feed wildlife.

(7)

"Landowner" means the person who has title to a particular property.

Section 2.

Qualifying for Deer Control Tags.

(1)

A landowner with fewer than 1,000 contiguous acres shall qualify for deer control tags if:

(a)

Hunting or trapping for the speciesDeer hunting occurred on the property during the previous deer season;

(b)

Standard deterrent measures recommended by a department representative have proven ineffective or are impractical; and

(c)

A department representative certifies wildlifedeer damage to crops, gardens, property, or wildlife habitat; or.

(2)

A landowner with 1,000 contiguous acres or more shall qualify for deer control tags if:

(a)

Deer hunting occurred on the property during the previous deer season; and

(d)(b)

Hunting or trappingDeer seasons and bag limits as established in 301 KAR 2:172 are determined by a department representative to be inadequate to control wildlifedeer populations on the property.

(2)(3)

A department representative shall make an on-site inspection of each property for which a request for deer control tags has been made, unless the property:

(a)

Has been previously inspected by athe department representative and the landowner affirms that wildlifedeer damage still exists; or

(b)

Is immediately adjacent to property assessed by a department representative as having severe wildlifedeer damage.

(4)

A landowner whose property is immediately adjacent to property assessed by a department representative as having severe deer damage shall be issued deer control tags upon request of the landowner.

(3)(5)

The department shall not issue deer control tags to a landowner whose only damage is to a deer food plot.

Section 3.

Applying for Deer Control Tags.

(1)

A landowner shall request deer control tags by contacting the department through:

(a)

A game wardenconservation officer; or

(b)

The wildlifeprivate lands biologist for the county in which the property is located.

(2)

If required by Section 2 of this administrative regulation, a department representative shall visit the property and assess the nature and extent of wildlifedeer damage.

(3)

A request for an assessment shall be made on or before September 30 to be eligible for current year deer control tags.

(4)

A request for an assessment made after September 30 shall be considered for the following year.

Section 4.

Number of Control Tags Issued.

(1)

The Wildlife Divisiondepartment shall determine the number of deer control tags to be issued for each property based on the recommendation of the department representative.

(2)

TheExcept as established in Section 2(2) or (4) of this administrative regulation, the department shall not issue a deer control tag if:

(a)

The county hunting or trappingdeer season is adequate to achieve the desired reduction in wildlifedeer numbers; or

(b)

Crop, property, or environmental damage is not present.

Section 5.

Transfer of Deer Control Tags.

(1)

ControlDeer control tags shall be issued in the landowner's name.

(2)

A landowner:

(a)

May transfer a deer control tag to another person; and

(b)

Shall require hunters or trappers to sign a control tag after an animal has been takendeer control tag when an antlerless deer is harvested.

Section 6.

Use of Deer Control Tags.

(1)

A deer control tag shall not be valid except on the property for which it was issued.

(2)

A deer control tag shall expire after the license year for which it was issued.

(3)

A person who uses a deer control tag:

(a)

Shall have in possession a valid:

1.

ControlDeer control tag; and

2.

Hunting or trapping license, as applicable for the method of take, and permit for the species causing damage, if applicableand current deer permit, unless exempt from license or permit requirements pursuant to KRS 150.170 or 301 KAR 3:120; and

3.

Proof of hunter education if required by 301 KAR 2:185.

(b)

May use control tags during any open hunting or trapping season for the species;deer control tags during archery, crossbow, modern gun, both youth deer seasons, or muzzle-loader seasons to take antlerless deer; and

(c)

Shall comply with weapon and season requirements as established in 301 KAR 2:132, 2:142, 2:144, 2:172, 2:251, or 2:300, except that antlered deer or elk may not be taken; and:

1.

Antlered deer shall not be taken; and

2.

The deer control tag shall remain attached to the carcass until final processing or disposal.

(d)

Shall submit the head of harvested deer or elk to the department as determined by a department representative for Chronic Wasting Disease testing if the animal was taken inside of a Chronic Wasting Disease Surveillance Zone.

(4)

WildlifeDeer taken with a deer control tag shall not count toward the zone or statewide bag limit as established in 301 KAR 2:132, 2:142, 2:144, 2:172, 2:251, or 2:300.

(5)

Traps used to take wildlife with a control tag shall:

(a)

Be tagged and checked as established in KRS 150.400 and 150.410; and

(b)

Comply with trap requirements as established in 301 KAR 2:251.

Section 7.

Deer Destruction TagsPermits.

(1)

The Wildlife Divisiondepartment may issue a deer destruction tagpermit:

(a)

To a person authorized by the commissioner to remove wildlifedeer that are or may become a public safety or environmental threat or that have entered a permitted captive cervid facility;

(b)

To a landowner or the designee:

1.

Who continues to experience damage after using deer control tags; or

2.

Whose property cannot be hunted legally and wildlifedeer are posing a public safety or environmental threat; or

(c)

To a captive cervid facility permit holder or applicant:

1.

Whose fence meets the fencing and holding requirements in 301 KAR 2:083; and

2.

Who has attempted to remove wild deer using nonlethal methods or statewide deer seasons as established in 301 KAR 2:172; or.

(d)

If a department representative determines that out of season take is warranted to curtail damage after conducting the initial site visit as established in Section 3 of this administrative regulation.

(2)

A deer destruction tagpermit shall specify the:

(a)

Number and sex of wildlifedeer to be destroyed if the species causing damage is sexually dimorphic;

(b)

Method of destruction;

(c)

Name of the person who will destroy the wildlifedeer; and

(d)

Dates during which the destruction will take place.

(3)

A deer destruction tagpermit shall not be issued without the recommendation of a department representative and the approval of the commissioner.

(4)

A person who uses a deer destruction tagpermit shall:

(a)

Have in possession a valid:

1.

Destruction tag;

2.

Hunting or trapping license for the species causing damage and current deer permit, unless exempt from license or permit requirements pursuant to KRS 150.170 or 301 KAR 3:120;

3.

Proof of hunter education if required by 301 KAR 2:185; and

4.

Completed Wildlife Damage Designee Form for the property in which wildlife are being removed;.

(b)(a)

Attach to each carcass a carcass tag that contains the confirmation number, hunter's name, and telephone numberdisposal permit provided by the department;

(c)(b)

Not remove the carcass tagdisposal permit until the carcass is processed or disposed of; and

(d)

Relinquish to the department, destroy, or leave afield all inedible parts;

(c)

If an antlered deer was taken, relinquish the antlers to the department.

(e)

Shall Telecheck the animal by midnight on the day the animalit was recovered if telecheck is ordinarily required for the species taken;

(f)

Shall Submit the head of harvested deer or elk to the department as determined by a department representative for Chronic Wasting Disease testing if the animal was taken inside of a Chronic Wasting Disease Surveillance Zone; and

(g)

Not take wildlife causing damage at night unless specified by a department representative and approved by the commissioner in writing on the Wildlife Damage Designee Form.

(5)

A deer destruction tagpermit shall not be used except as establishedspecified on the authorizationpermit.

(6)

A person who receives a deer destruction tag for species other than bear, bobcat, deer, elk, river otter, or turkeypermit shall:

(a)

Complete a Wildlife Destruction Tagpermit Reporting Form issued by the department; and

(b)

Submit the completed form to the department at # 1 Sportsman's Lane, Frankfort, Kentucky 40601, ATTN: Wildlife Destruction TagPermit Report, within fourteen (14) days after the expiration date designated on the destruction tagpermit.

Section 8.

Designee Procedures,and Requirements and Denial Process.

(1)

A landowner may appoint a designee to kill wildlife causing damage on the landowner's land.

(2)

The landowner and designee shall complete and submit to the department a Wildlife Damage Designee Form.

(3)

The department shall have thirty (30) days upon receipt of the Wildlife Damage Designee Form to approve or deny a designee.

(4)

The department shall deny a designee that:

(a)

Has received a felony conviction; or

(b)

Has been convicted of any state or federal wildlife violation during the previous three (3) years.

Section 9.

Denial or Revocation ofor Deer Control Tags or Destruction TagPermits and Appeal Procedures.

(1)

The department shall revoke a deer control tag or destruction tagpermit or deny a future tag or permit to a person who fails to comply with the requirements of this administrative regulation.

(2)

An individual whose request for a tagpermit has been denied or revoked may request an administrative hearing, which shall be conducted pursuant to KRS Chapter 13B.

(3)

A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or the revocation.

(4)

Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(5)

The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order, pursuant to KRS Chapter 13B.

Section 10.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Wildlife Damage Designee Form", 20252015 edition; and

(b)

"Out-of-Season Wildlife Destruction Permit Reporting Form", 20252016 edition.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. Eastern Time or online at:

(a)

Wildlife Damage Designee Form: https://fw.ky.gov/Wildlife/Documents/Wildlife-Damage-Designee-Form.pdf;

(b)

Out-of-Season Wildlife Destruction Reporting Form: https://fw.ky.gov/Wildlife/Documents/Out-Season-Wildlife-Destr-Rpt-Form.pdf.
FILED WITH LRC: March 9, 2026
CONTACT PERSON: Jenny Gilbert, Legislative Liaison, Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov

7-Year Expiration: 10/5/2025

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