Jenny Gilbert

This administrative regulation establishes waterfowl seasons and bag limits within federal migratory bird hunting frameworks established in 50 C.F.R. Parts 20 and 21 according to the U.S. Fish and Wildlife Service (USFWS).

The necessity of this administrative regulation is to establish the 2023-2024 waterfowl hunting seasons in accordance with the USFWS.

KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish open seasons for the taking of wildlife and to regulate bag limits. KRS 150.360 authorizes the department to restrict methods for the taking of wildlife. KRS 150.600(1) authorizes the department to regulate the taking of waterfowl on public and private land.

This administrative regulation assists in the effective administration of the statutes by establishing hunting season and bag limit requirements and providing reasonable hunting opportunity consistent with state, national, and international management requirements.

This amendment will change the closing date for falconry waterfowl season to the last Sunday in February for all species of waterfowl. It removes reference to conservation order light geese seasons as federal rules no longer differentiate between falconry and regular hunting methods during the conservation order. It also corrects a grammatical edit which could be taken to make it illegal for veterans to hunt waterfowl during regular seasons.

Waterfowl seasons and limits are set on an annual basis following the establishment of federal frameworks by the USFWS each year. It is the Department’s responsibility to allow quality hunting opportunity within these federal frameworks. The changes in season length maximizes the number of hunting days allowed by federal frameworks.

See (1)(c) above.

See (1)(d) above.

There are approximately 100 falconry waterfowl hunters in Kentucky that may be affected by this administrative regulation and the number of veteran and active duty military waterfowl hunters is unknown.

The current changes in season dates and/or bag limits will be published in the fall waterfowl hunting guide and on the department’s website. Hunters will need to follow all applicable amendments to the hunting bag limits.

There will be no additional costs to those identified in question (3).

They will be in compliance with Federal law.

There will not be an additional cost to implement this administrative regulation initially.

There will be no additional cost on a continuing basis.

The source of funding is the State Game and Fish fund.

It will not be necessary to increase any fees or funding to implement this administrative regulation.

This administrative regulation does not establish any fees directly or increase any fees indirectly.

Tiering was not applied. The same guidelines and limits apply to all waterfowl hunters

The Department’s Wildlife Division and Law Enforcement Division.

KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish open seasons for the taking of wildlife and to regulate bag limits. KRS 150.360 authorizes the department to restrict methods of taking wildlife. KRS 150.600 authorizes the department to regulate the taking of waterfowl on public and private land.

This amendment will not generate revenue for the first year.

This amendment will not generate revenue in subsequent years.

There will be no additional costs to administer this program for the first year.

There will be no additional costs to administer this program in subsequent years.

There will be no cost savings in the first year.

There will be no cost savings in subsequent years.

There will be no additional cost in the first year.

There will be no additional cost in subsequent years.

"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)] These amendments will not have a "Major Economic Impact".

Wildlife and Fisheries, Federal Code of Regulations, 50 C.F.R. Part 20, Migratory Bird Hunting; Part 21, Migratory Bird Permits.

The Department of Fish and Wildlife Resources sets migratory birds seasons within the frameworks established by the U.S. Fish and Wildlife Service and published in 50 C.F.R. Parts 20 and 21.

50 C.F.R. Part 20 contains season frameworks for the earliest opening and latest closing date, the maximum number of days a species is open to hunting, and daily bag and possession limits. 50 C.F.R. Part 21 defines permits and the necessary requirements to hold and possess migratory game birds before, during and after periods open for hunting.

Yes.

The federal mandate defines the regulatory frameworks that a state may allow. States are permitted to be more restrictive but not more liberal in their respective regulations. State management objectives necessitate more restrictive regulations to protect local, regional and/or state populations of birds important to Kentucky’s migratory bird hunters. Restricting bag limits provides the state the ability to protect populations that may be of concern on the state level but not on a national scale. The greatest concentrations of migratory birds and the greatest hunting pressure often occur on public lands managed by the Department. The Department imposes more restrictive regulations on these lands in effort to meet migratory bird management objectives while still providing quality hunting opportunity.