Jenny Gilbert

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

The necessity of this administrative regulation is to establish the waterfowl hunting requirements on public lands in accordance with the USFWS frameworks and Department management objectives.

KRS 150.025(1) authorizes the department to establish hunting season dates, bag limits and other hunting requirements. KRS 150.360 authorizes the department to restrict methods and hunting hours for taking wildlife. KRS 150.600(1) authorizes the department to regulate the taking of waterfowl on public and private land.

This administrative regulation assists the above statutes by managing waterfowl populations and hunting opportunity consistent with state and national management requirements and strategies.

This is an extensive rewrite of an old regulation. Many portions have been changed to improve organization and clarity. Functional changes to the regulation include: 1) Expanded and clarified definitions section. 2) Changes to how Boatwright WMA allows waterfowl hunting to be similar to rules at adjacent Ballard WMA including: allowing hunting units, removal of Peal Unit specific hunter/party number allowances, removal of rules associated with layout blinds, require check-station check-in and permits for any regular or special waterfowl season hunts, removes prohibition on boat blinds, and removes allowance for "first come-first serve" hunting. 3) removes a complicated formula driven shotshell allowance to be replaced with simple twenty-five (25) shell limit at Boatwright, Ballard and Sloughs WMAs 4) Limits boat access on Boatwright WMA from December 1 to January 31 to people participating in Department managed activities 5) Clarifies maximum distance party members may be apart is 75 feet at Ballard and Sloughs WMA, 6) Adds relevant language from 301 KAR 4:020 (Ballard) and 301 KAR 4:050 (Boatwright) so that these regulations may be repealed, 7) Removes specific dates allowances at WMAs for Special Youth Waterfowl seasons and allows for these Special seasons based on 301 KAR 2:221 timing, 8) Changes northern boundary of no-hunting zone at Ballard WMA to remove reference to the now removed Dam 53 9) Removes the requirement for the department to provide blinds and for hunters to hunt from blinds at South Shore WMA 10) Expands section describing rules associated with department limited access waterfowl hunts.

This amendment is necessary to simplify regulations by making rules at two major, adjacent waterfowl hunting WMAs similar and to clarify rules associated with limited access hunts that were not previously clarified in regulation. Also, to provide quality public hunting opportunity with minimal area use conflict that is consistent with meeting state and federal waterfowl management objectives.

See 1(c) above.

See 1(d) above.

There are approximately 20,000 waterfowl hunters in Kentucky that may be affected by this administrative regulation.

Hunters will need to comply with all application procedures and hunting requirements established for public lands in this administrative regulation.

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

This amendment simplifies and clarifies an old regulation. It makes waterfowl hunting rules at two adjacent WMAs similar and thus makes compliance with rules easier. It includes relevant portions of old regulations so they can be consolidated into a single regulation. It clarifies the rules for limited access waterfowl hunting.

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

There will not be an additional cost to the agency on a continuing basis.

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

It will not be necessary to increase a fee or funding to implement this administrative regulation.

This administrative regulation does not establish any fees, nor does it indirectly increase any fees.

No. Tiering is not applied, as the requirements are the same for all hunters.

The Kentucky Department of Fish and Wildlife Resources' Divisions of Wildlife and Law Enforcement will be impacted by this amendment.

KRS 150.025(1), 150.360, 150.600(1), and 50 C.F.R. Parts 20 and 21.

This administrative regulation will not generate any additional funding for state or local government during the first year.

This administrative regulation will not generate any additional funding for state or local government during subsequent years.

There will be no additional costs for the first year.

There will be no additional costs incurred for 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 bird hunting 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.