Title 301 | Chapter 002 | Regulation 221REG


PROPOSED
This document is not yet current.
View Current Regulation
PREVIOUS VERSION
The previous document that this document is based upon is available.
View Previous Version
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)

301 KAR 2:221.Waterfowl seasons and limits.

Section 1.

Definitions.

(1)

"Active military personnel" means a member of the Armed Forces on active duty, including members of the National Guard and Reserves on active duty other than for training.

(2)

"Adult" means a person who has reached his or her 18th birthday.

(3)

"Dark geese" means Canada geese, cackling geese, white-fronted geese, or brants.

(4)

"Light geese" is defined by KRS 150.010(20).

(5)

"Light geese conservation order" is defined by KRS 150.010(21).

(6)

"Veteran" means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.

(7)

"Waterfowl" is defined by KRS 150.010(45).

(8)

"Youth" means a person who has not reached his or her 16th birthday.

Section 2.

Except as established in 301 KAR 2:222 or 2:225, a person shall not hunt waterfowl except during the seasons established in this administrative regulation.

Section 3.

Season Dates.

(1)

The duck, coot, and merganser season shall:

(a)

Begin on Thanksgiving Day for four (4) consecutive days; and

(b)

Be from December 7 through January 31.

(2)

The dark geese season shall be from Thanksgiving Day through February 15.

(3)

The light geese season shall be from Thanksgiving Day through February 15.

(4)

The light geese conservation order season shall be from February 16 through March 31.

(5)

A person shall not hunt light or dark geese in:

(a)

The areas of Laurel River Lake as posted by sign; or

(b)

Cave Run Lake and the public land inside the boundary formed by Highways 801, 1274, 36, 211, US 60, and Highway 826.

Section 4.

Ballard Zone.

(1)

The Ballard Zone includes the portion of Ballard County north and west of:

(a)

The Ballard-McCracken County line to State Road 358;

(b)

State Road 358 to US 60;

(c)

US 60 to the city limits of Wickliffe; and

(d)

The city limits Wickliffe to the center of the Mississippi River.

(2)

In the Ballard Zone, a person hunting waterfowl shall:

(a)

Not hunt or establish a blind within:

1.

100 yards of another blind; or

2.

Fifty (50) yards of a property line; and

(b)

Not possess more than one (1) uncased or loaded shotgun while in a blind.

(3)

The requirements of subsection (1) of this section shall not apply if the Light Geese Conservation Order, as established in Section 3 of this administrative regulation, is the only waterfowl season open, excluding falconry seasons.

Section 5.

Bag and Possession Limits.

(1)

Ducks. The daily limit shall be six (6), which shall not include more than:

(a)

Four (4) mallards;

(b)

Two (2) hen mallards;

(c)

Three (3) wood ducks;

(d)

Two (2) black ducks;

(e)

Two (2) redheads;

(f)

One (1) pintail;

(g)

One (1) scaup beginning Thanksgiving Day for four (4) consecutive days and December 7 through December 17;

(h)

Two (2) scaup beginning on December 18 through January 31;

(i)

One (1) mottled duck; or

(j)

Two (2) canvasbacks.

(2)

Coot. The daily limit shall be fifteen (15).

(3)

Merganser. The daily limit shall be five (5), which shall not include more than two (2) hooded mergansers.

(4)

Dark geese. The daily limit shall be five (5), which shall not include more than:

(a)

Three (3) Canada geese or cackling geese, in combination;

(b)

Two (2) white-fronted geese; or

(c)

One (1) brant.

(5)

Light geese. The daily limit shall be twenty (20), except that there shall not be a limit during the light geese conservation order season.

(6)

The possession limit shall be triple the daily limit, except that there shall not be a light geese possession limit.

Section 6.

Shooting Hours. A person shall not hunt waterfowl except from one-half (1/2) hour before sunrise until:

(1)

Sunset, except as established in 301 KAR 2:222; or

(2)

One-half (1/2) hour after sunset if hunting light geese during the light geese conservation order season.

Section 7.

Falconry Waterfowl Season and Limits.

(1)

The light geese season for waterfowl shall be from Thanksgiving Day through the last Sunday in FebruaryFebruary 15.

(2)

The light geese conservation order season shall be from February 16 through March 31.

(3)

The season for all other waterfowl shall be from Thanksgiving Day through February 15.

(2)(4)

The daily limit shall be three (3) waterfowl, except that there shall not be a limit on light geese during the light geese conservation order season.

(3)(5)

The possession limit shall be nine (9) waterfowl, except that there shall not be a possession limit on light geese during the light geese conservation order season.

Section 8.

Permit for the Light Geese Conservation Order Season.

(1)

A person hunting light geese during the light geese conservation order season shall first obtain a free permit by completing the online Snow Geese Conservation Order Permit process on the department's Web site at fw.ky.gov.

(2)

A person hunting light geese during the light geese conservation order season shall submit a Snow Geese Conservation Order Permit Survey to the department by April 10.

Section 9.

Special Youth Waterfowl Season.

(1)

For the waterfowl season,A youth shall only hunt waterfowl and gallinule on the Saturday before Thanksgiving and the second Saturday in February shall be exclusive to youth hunters.

(2)

A youth hunter shall be accompanied by an adult;

(3)

If hunting, youth hunters shall comply withobey the provisions of 301 KAR 2:221 and 301 KAR 2:222, and alsoexcept that he or she may hunt on the applicable additional dates established in this administrative regulation;

(4)

An adult accompanying a youth who is waterfowl hunting shall:

(a)

Remain in a position to take immediate control of the youth's firearm;

(b)

Not hunt ducks, coots, mergansers, and gallinules; and

(c)

Not be required to possess a hunting license or waterfowl permit if he or she is not hunting.

Section 10.

A Special Veterans and active Military Personnel Waterfowl Hunting Season.

(1)

For the waterfowl season,A veteran or active military personnel shall only hunt waterfowl and gallinule on the Sunday before Thanksgiving and the second Sunday in February shall be exclusive to veterans or active military personnel hunters.

(2)

If hunting, veteran or active-duty military hunters shall comply withobey the provisions of 301 KAR 2:221 and 301 KAR 2:222, and also except that applicable hunters shall only hunt on the applicable additional dates established in this administrative regulation.

(3)

While in the field during the special veterans and active military personnel waterfowl hunting season, waterfowl hunters shall either have a state hunting license showing veteran status or carry proof of their veteran or active military personnel status. Acceptable forms of proof shall be a current military identification card, a VA-issued identification card, state issued driver's license or identification card with a veteran's designation, or an original or copy of a DD Form 214, DD Form 215, NGB Form 22, NGB Form 22-a, or DD Form 256.

Section 11.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Snow Geese Conservation Order Permit", April 2022; and

(b)

"Snow Geese Conservation Order Permit Survey", April 2022.

(2)

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

(a)

https://app.fw.ky.gov/snowgoosesurvey/snowgoose.aspx for the "Snow Geese Conservation Permit"; and

(b)

https://app.fw.ky.gov/snowgoosesurvey/snowgoosesurvey.aspx for the "Snow Geese Conservation Order Permit Survey.

RICH STORM, Commissioner
APPROVED BY AGENCY: November 15, 2022
FILED WITH LRC: November 15, 2022 at 11:43 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 31, 2023, at 11:00 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 January 31, 2023. 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: 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 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).
(b) The necessity of this administrative regulation:
The necessity of this administrative regulation is to establish the 2023-2024 waterfowl hunting seasons in accordance with the USFWS.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
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.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
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.
(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 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.
(b) The necessity of the amendment to this administrative regulation:
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.
(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:
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.
(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:
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.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no additional costs to those identified in question (3).
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
They will be in compliance with Federal law.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will not be an additional cost to implement this administrative regulation initially.
(b) On a continuing basis:
There will be no additional cost 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 source of funding is the State Game and Fish 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:
It will not be necessary to increase any fees or funding to implement this administrative regulation.
(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 directly or increase any fees indirectly.
(9) TIERING: Is tiering applied?
Tiering was not applied. The same guidelines and limits apply to all waterfowl hunters

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?
The Department’s Wildlife Division and Law Enforcement Division.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
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.
(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?
This amendment will not generate revenue for the first year.
(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?
This amendment will not generate revenue in subsequent years.
(c) How much will it cost to administer this program for the first year?
There will be no additional costs to administer this program for the first year.
(d) How much will it cost to administer this program for subsequent years?
There will be no additional costs to administer this program in 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:
(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?
There will be no cost savings in the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There will be no cost savings in subsequent years.
(c) How much will it cost the regulated entities for the first year?
There will be no additional cost in the first year.
(d) How much will it cost the regulated entities for subsequent years?
There will be no additional cost in 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)] These amendments will not have a "Major Economic Impact".

FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
Wildlife and Fisheries, Federal Code of Regulations, 50 C.F.R. Part 20, Migratory Bird Hunting; Part 21, Migratory Bird Permits.
(2) State compliance standards.
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.
(3) Minimum or uniform standards contained in the federal mandate.
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.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
Yes.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
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.

7-Year Expiration: 8/18/2029

Last Updated: 11/29/2022


Page Generated: 10/24/2022, 3:01:16 PM