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Title 301 | Chapter 002 | Regulation 222REG

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

301 KAR 2:222.Waterfowl hunting requirements on public lands.

RELATES TO:

KRS 150.010(42)(41), 150.305(1), 150.330, 150.340(1), (3), 150.990

STATUTORY AUTHORITY:

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

NECESSITY, FUNCTION, AND CONFORMITY:

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(1) authorizes the department to regulate the taking of waterfowl on public and private land. This administrative regulation establishes requirements for the taking of waterfowl within reasonable limits and within the frameworks established by 50 C.F.R. Parts 20 and 21.

Section 1.

Definitions.

(1)

"Blind" means a:

(a)

Concealing enclosure;

(b)

Pit; or

(c)

Boat.

(2)

"Department blind" means a permanently fixed blind structure built by the department.

(3)

"Drawn hunter" means a hunter who applied for a limited-access hunt and was selected by the department to participate in the hunt.

(4)

"Guest hunter" means a hunter invited by a waterfowl permit holder to participate in a limited-access hunt.

(5)

"Hunt site" means a specific location where waterfowl hunting is allowed, as assigned by the department or the U.S. Army Corps of Engineers and marked with a sign.

(6)

"Hunt unit" means a tract of land with defined boundaries where a party may hunt waterfowl as approved by the department.

(7)

"Limited-access hunt" means a hunting opportunity where public access is limited by the department to those who are selected in a random drawing.

(8)

"Party" means:

(a)

A person hunting alone; or

(b)

Two (2) to four (4) people who share a department blind, hunt unit, or hunt site.

(9)

"Permanent blind" means a blind left in place by a waterfowl hunter longer than twenty-four (24) hours.

(10)

"Quota hunt" means a class of limited-access hunt that includes the word quota in the name of the hunt as established in administrative regulation.

(11)

"Regular waterfowl season" means the open waterfowl season that does not include the Light Geese Conservation Order season, special youth waterfowl season, special veterans and active military personnel waterfowl season, or the September wood duck, teal, and Canada goose seasons as established in 301 KAR 2:221 and 2:225.

(12)

"Special commission waterfowl permit holder" means a person who has been assigned a special commission permit for waterfowl, issued pursuant to 301 KAR 3:100, which allows the permit recipient to participate in the waterfowl quota hunt and receive priority selection for hunting dates during hunts at Ballard and Sloughs WMAs.

(13)

"Waterfowl permit holder" means a special commission waterfowl permit holder or drawn hunter who has been assigned to a limited-access department blind, hunt unit, or hunt site by the department or the U.S. Army Corps of Engineers.

(14)

"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.

Section 2.

Waterfowl Seasons on Wildlife Management Areas.

(1)

Waterfowl season provisions shall apply, as established in 301 KAR 2:221 and 301 KAR 2:225, except as established in this section or in Section 3 of this administrative regulation.

(2)

On a wildlife management area, a person hunting waterfowl shall not:

(a)

Establish or hunt from a permanent waterfowl blind;

(b)

Hunt within 200 yards of another legal waterfowl hunting party;

(c)

Hunt in a designated recreation area or access point;

(d)

Hunt on an area marked by sign as closed to hunting;

(e)

Enter an area marked by signs as closed to public access; or

(f)

Hunt a species on an area marked by signs as closed to hunting for that species.

(3)

More than one (1) party shall not occupy a waterfowl blind or hunt site.

(4)

A party shall remove decoys and personal items daily, except that a party assigned a multi-day hunt may choose to leave decoys in place for the duration of the hunt.

(5)

A permanent blind, department blind, or blind site not occupied by the waterfowl permit holder one (1) hour before sunrise shall be available to another hunter on a first-come, first-served basis.

(6)

Restrictions established in this section shall not apply to a falconer if regular waterfowl season, special youth waterfowl season, or special veteran's active military personnel season, as established in 301 KAR 2:221, are not open.

Section 3.

Wildlife Management Area Requirements.

(1)

The provisions of this section shall not apply to a waterfowl hunting season that opens prior to October 15, as established in 301 KAR 2:225.

(2)

On wildlife management areas in Ballard County:

(a)

The shotgun shell possession limit shall be twenty-five (25);

(b)

At least one (1) person in each party shall be eighteen (18) years of age or older; and

(c)

A person hunting waterfowl shall:

1.

Not hunt on Monday, Tuesday, Christmas Eve, Christmas Day, or New Year's Day;

2.

Hunt in a party that includes a waterfowl permit holder;

3.

Hunt in the department blind, hunt unit, or hunt site assigned to that waterfowl permit holder through a drawing as established in Section 4 of this administrative regulation;

4.

Hunt in close proximity to other party members so that each member of the party is within twenty-five (25) feet of another party member and no two (2) party members are more than seventy-five (75) feet apart;

5.

Stop hunting and exit the hunting area by 2 p.m. during the regular waterfowl season, except as authorized by the department as necessary due to flooding, weather, or other safety concerns; and

6.

Check out of the area by accurately completing the Daily Post-hunt Survey provided by the department and submitting the survey at the department-designated drop point by 3 p.m. the day of the hunt or be declared ineligible to hunt in a department limited-access waterfowl hunt for the remainder of the current and following waterfowl season.

(3)

Ballard WMA.

(a)

Ballard WMA shall be closed to the public from October 15 through March 15, except for persons participating in department-managed activities.

(b)

During periods of high water or flood, the public shall not enter upon the premises of the Ballard WMA by boat for any purpose. High water or flood conditions shalldo not affect or change the management area boundary.

(c)

A person hunting waterfowl shall not hunt waterfowl on the Ohio River from fifty (50) yards upstream of the northern border of Ballard WMA to fifty (50) yards downstream from the southern border of Ballard WMA from October 15 through March 15.

(4)

Boatwright WMA.

(a)

The Swan Lake Unit shall be closed to the public from October 15 through March 15, except for persons participating in department-managed activities.

(b)

The area open to hunting during the regular waterfowl season shall be open for the Light Geese Conservation Order season as established in 301 KAR 2:221.

(c)

Blind, hunt unit, or hunt site restrictions shall not apply to the Light Geese Conservation Order season.

(d)

Boatwright WMA shall be closed to boats from December 1 through January 31, except for persons participating in department-managed activities.

(5)

Lake Barkley WMA.

(a)

A permanent blind shall only be established within ten (10) yards of a hunt site.

(b)

Waterfowl refuge areas:

1.

The area west of the Cumberland River channel, as marked by buoys, between river mile 51, at Hayes Landing Light, south to the Tennessee Valley Authority's power transmission lines at river mile 55.5, shall be closed from November 1 through February 15; and

2.

The area within Honker Bay and Fulton Bay, as marked by buoys and signs, shall be closed from November 1 through March 15.

(c)

A person shall not hunt from October 15 through March 15:

1.

On Duck Island; or

2.

Within 200 yards of Duck Island.

(6)

Barren River Lake WMA. A person hunting waterfowl:

(a)

May use a breech-loading shotgun along the shoreline of the Peninsula Unit; and

(b)

Shall not use a breech-loading firearm elsewhere on the area.

(7)

Big Rivers WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(8)

Cedar Creek WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(9)

Miller Welch-Central Kentucky WMA. A person shall not hunt waterfowl from October 15 through January 14.

(10)

Lake Cumberland WMA. The following sections shall be closed to the public from October 15 through March 15:

(a)

The Wesley Bend area, bounded by Fishing Creek, Beech Grove Road, and Fishing Creek Road; and

(b)

The Yellowhole area, bounded by Fishing Creek Road and Hickory Nut Road.

(11)

Dix River WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(12)

Doug Travis WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(c)

A person hunting waterfowl shall stop hunting and exit the hunting area by 2 p.m. during the regular waterfowl season, except as authorized by the department as necessary due to flooding, weather, or other safety concerns.

(d)

On Black Lake, Fish Lake, Forked Lake, Indian Camp Lake, Number Four Lake, Town Creek Moist Soil Unit, Twin Ponds Moist Soil Unit, and Upper Goose Pond Field, all waterfowl hunting shall be from a permanent blind or within ten (10) yards of a hunt site assigned by the department through a drawing as established in Section 4 of this administrative regulation.

(13)

Grayson Lake WMA. A person shall not hunt waterfowl:

(a)

Within the no-wake zone at the dam site marina;

(b)

From the shore of Camp Webb;

(c)

On Deer Creek Fork; or

(d)

Within three-quarters (3/4) of a mile from the dam.

(14)

Green River Lake WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(15)

Kaler Bottoms WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(16)

Kentucky River WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(17)

Land Between the Lakes National Recreation Area.

(a)

The following portions shall be closed to the public from November 1 through March 15:

1.

Long Creek Pond;

2.

The eastern one-third (1/3) of Smith Bay, as marked by buoys; and

3.

The eastern two-thirds (2/3) of Duncan Bay, as marked by buoys.

(b)

The following portions shall be closed to waterfowl hunting:

1.

The Environmental Education Center; and

2.

Energy Lake.

(c)

A person shall possess an annual Land Between the Lakes Hunting Permit if hunting waterfowl:

1.

Inland from the water's edge of Kentucky Lake or Barkley Lake; or

2.

From a boat on a flooded portion of Land Between the Lakes when the lake level is above an elevation of 359 feet.

(d)

A person shall not hunt waterfowl on inland areas during a quota deer hunt.

(e)

A person shall not establish or use a permanent blind:

1.

On an inland area; or

2.

Along the Kentucky Lake shoreline of Land Between the Lakes.

(18)

Obion Creek WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(19)

Ohio River Islands WMA.

(a)

A person shall not hunt from October 15 through March 15 on the Kentucky portion of the Ohio River from Smithland Lock and Dam upstream to the power line crossing at approximately river mile 911.5.

(b)

Stewart Island shall be closed to public access from October 15 through March 15.

(c)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(d)

A person shall not enter a hunting area prior to 4 a.m. daily.

(20)

Peabody WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(c)

The following areas, as posted by signs, shall be closed to the public from October 15 through March 15:

1.

The Sinclair Mine area, bounded by Hwy 176, the haul road, and Goose Lake Road; and

2.

The Ken area, bounded by Wysox Road, H2 Road, H1 Road, and H6 Road.

(21)

Pioneer Weapons WMA. A person hunting waterfowl:

(a)

May use a breech-loading shotgun along the shoreline of Cave Run Lake; and

(b)

Shall not use a breech-loading firearm elsewhere on the area.

(22)

Robinson Forest WMA. The main block of the WMA shall be closed to waterfowl hunting.

(23)

Sloughs WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(c)

A person hunting waterfowl shall stop hunting and exit the hunting area by 2 p.m. during the regular waterfowl season, except as authorized by the department as necessary due to flooding, weather, or other safety concerns.

(d)

If hunting waterfowl on the Crenshaw and Duncan Tracts of the Sauerheber Unit or the Jenny Hole Unit:

1.

A person shall not hunt on a Tuesday or Wednesday;

2.

A person shall not possess more than twenty-five (25) shotgun shells;

3.

At least one (1) person in each party shall be eighteen (18) years of age or older;.

4.

Hunt in a party that includes a waterfowl permit holder;

5.

Hunt in the department blind, hunt unit, or hunt site assigned to that waterfowl permit holder through a drawing as established in Section 4 of this administrative regulation;

6.

Hunt in close proximity to other hunt party members so that each member of the party is within twenty-five (25) feet of another party member and no two (2) party members are more than seventy-five (75) feet apart; and

7.

Check out of the area by accurately completing the Daily Post-Hunt Survey provided by the department and submitting the survey at the designated drop point by 3 p.m. the day of the hunt or be ineligible to hunt in department limited-access waterfowl hunts for the remainder of the current and following waterfowl season.

(e)

The Sauerheber Unit shall be closed to the public from November 1 through March 15, except for persons participating in department-managed activities.

(f)

The Jenny Hole Unit shall be closed to boats from Thanksgiving Day through January 31, except for persons participating in department-managed activities.

(g)

The area open to hunting during the regular waterfowl season shall be open for the Light Geese Conservation Order season as established in 301 KAR 2:221.

(h)

Blind, hunt unit, or hunt site restrictions shall not apply to the Light Geese Conservation Order season.

(24)

South Shore WMA. The WMA shall be closed to hunting from November 15 through January 15, except for waterfowl and dove hunting.

(25)

Taylorsville Lake WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(26)

Yatesville Lake WMA. The following areas shall be closed to waterfowl hunting, unless authorized by Yatesville Lake State Park:

(a)

The Greenbrier Creek embayment; and

(b)

The lake area north from the mouth of the Greenbrier Creek embayment to the dam, including the island.

(27)

Yellowbank WMA. The area designated by a sign and painted boundary marker shall be closed to the public from October 15 through March 15.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(28)

J.C. Williams WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

Section 4.

Limited-Access Waterfowl Hunts.

(1)

Permanent waterfowl blinds or hunt sites on Lake Barkley, Barren River Lake, Green River Lake, or Doug Travis Wildlife Management Area.

(a)

The department shall announce the time and location of drawings on the department's Web site at fw.ky.gov at least two (2) weeks prior to the drawing.

(b)

Applicants:

1.

Shall apply in person;

2.

Shall fill out the provided index card with the requested information completely and accurately;

3.

Shall not mark or mutilate the index card in an attempt to increase the probability of being selected;

4.

Shall not apply more than once per drawing;

5.

Be at least eighteen (18) years of age; and

6.

Possess:

a.

A valid Kentucky hunting license;

b.

A valid Kentucky migratory game bird and waterfowl permit; and

c.

A valid federal duck stamp.

(c)

Drawing.

1.

The department or U.S. Army Corps of Engineers shall conduct a random drawing of applicants.

2.

A drawn hunter shall choose from available hunt sites before the next drawn hunter may select a hunt site.

3.

Selected hunt sites shallwill not be available for the next drawn hunter.

4.

If a drawn hunter is not present, or does not select a hunt site, then the next drawn hunter may select a hunt site.

5.

The drawing shall continue until all available hunt sites are selected or all applicants have been drawn.

(d)

The department or U.S. Army Corps of Engineers shall designate the drawn hunter as the waterfowl permit holder for the selected hunt site.

(e)

The drawn hunter may designate one (1) additional applicant to be a waterfowl permit holder for the selected hunt site.

(f)

An applicant shallmay not be a waterfowl permit holder for more than one (1) permanent blind or hunt site at Doug Travis WMA.

(g)

Waterfowl permit holders for hunt sites shall:

1.

Construct permanent blinds, if desired, before the start of any special or regular waterfowl season as established in 301 KAR 2:221;

2.

Not lock a waterfowl blind; and

3.

Remove the blind and blind materials within thirty (30) days after the close of the regular waterfowl season or be ineligible for a permit the following year unless an extension of time is granted by the department due to weather or water level conflicts.

(h)

Waterfowl permit holders may take guest hunters to their assigned permanent blind or hunt site, but the total number of people in the party shallmay not exceed four (4).

(i)

A permanent blind or blind site not occupied by a waterfowl permit holder one (1) hour before sunrise shall be available to another hunter on a first-come, first-served basis.

(2)

Ballard WMA and Sloughs WMA waterfowl quota hunts.

(a)

General procedures. A person applying to hunt in waterfowl quota hunts on Ballard WMA or Sloughs WMA shall:

1.

Apply by completing the Ballard or Sloughs Waterfowl Quota Hunt online application on the department's Web site at fw.ky.gov;

2.

Apply from September 1 through September 30;

3.

Pay a three (3) dollar application fee for each application;

4.

Select preferred hunt/ hunts or select the no-hunt option; and

5.

Not apply more than one (1) time for each hunt.

(b)

Preference points.

1.

A quota hunt applicant who is not selected shall be given one (1) preference point.

2.

A quota hunt applicant who selects the no-hunt option shall be given one (1) preference point.

3.

A person who applies for the no-hunt option shall not be drawn for a waterfowl quota hunt.

4.

An applicant maycan accumulate preference points across years.

5.

For each hunt:

a.

A random selection of applicants with the highest number of preference points shall be made; and

b.

If there are still openings, a random selection of applicants with the next highest number of preference points shall be made.

6.

If selected for a quota hunt, a person shall lose all accumulated preference points.

7.

A person shall forfeit all accumulated preference points if the person does not apply or is ineligible to apply for:

a.

A waterfowl quota hunt; or

b.

The no-hunt option.

(c)

The commissioner may extend the application deadline If technical difficulties with the automated application system prevent applications from being accepted for one (1) or more days during the application period, the commissioner may extend the application deadline.

(d)

Ballard WMA waterfowl quota hunts.

1.

A drawn hunter and special commission waterfowl permit holder shallmust check in the morning of their hunt in person by 5 a.m. CST.

2.

A drawn hunter and special commission waterfowl permit holder shall fill out the provided check-in card completely and accurately.

3.

A random drawing of all drawn hunters and special commission waterfowl permit holders shallwill begin after the check-in period.

4.

A selected drawn hunter or special commission waterfowl permit holder shall choose from available hunting units or department blinds before the next applicant is drawn.

5.

A drawn hunter or special commission waterfowl permit holder who selects a hunting unit or department blind becomes the waterfowl permit holder for that hunting unit or department blind.

6.

Waterfowl permit holders may take up to three (3) guest hunters.

7.

Selected hunting units or department blinds shallwill not be available for the next drawn hunter.

8.

Waterfowl hunt units or department blinds not claimed by drawn hunters shallwill be available in a stand-by drawing.

(e)

Sloughs WMA waterfowl quota hunts.

1.

A drawn hunter shall be assigned a department blind or hunting unit and become waterfowl permit holders at the time of the drawing.

2.

A waterfowl permit holder shall check in by midnight CST on the Sunday prior to their hunt by sending an email to sloughsquotahunt@ky.gov thatwhich includes the waterfowl permit holder's name, hunt unit, hunt dates, and hunt confirmation number or forfeit their spot.

3.

A waterfowl permit holder may take up to three (3) guest hunters.

4.

Waterfowl hunt units or department blinds forfeited by waterfowl permit holders shallwill be available in a stand-by drawing.

(3)

Boatwright WMA limited-access waterfowl hunts.

(a)

A person applying to hunt waterfowl on Boatwright WMA shall:

1.

Apply by completing the online Boatwright WMA Waterfowl Quota Hunt Form process on the department's Web site at https://app.fw.ky.gov/HuntDraw/Index;

2.

Apply during the period Wednesday throughthru Sunday before their intended hunt period; and.

3.

Be eighteen (18) years of age or older.;

(b)

A drawn hunter shall be assigned a department blind or hunting unit and become a waterfowl permit holder at the time of the drawing.

(c)

A waterfowl permit holder may surrender a Boatwright WMA department blind or hunting unit on the department's Web site at https://app.fw.ky.gov/HuntDraw/Index.

(d)

A surrendered department blind or hunting unit shallwill be assigned by the department to a new drawn hunter.

(e)

A waterfowl permit holder shallmust check in the morning of their hunt in person by 4:45 a.m. CST.

(f)

A waterfowl permit holder shall fill out the provided check-in card completely and accurately.

(g)

A waterfowl hunt unit or department blind not claimed by a drawn hunter shallwill be available in a stand-by drawing.

(h)

A waterfowl permit holder may take up to three (3) guest hunters.

(4)

Stand-by drawings.

(a)

Ballard WMA.

1.

An applicant shallmust apply in person before 5 a.m. CST the day of their intended hunt.

2.

An applicant shall fill out the provided check-in card completely and accurately.

3.

A random drawing for unclaimed department blinds or hunting units shallwill be conducted following the drawing for drawn hunters.

4.

A selected applicant shallwill choose an available department blind or hunting unit and be designated as a waterfowl permit holder.

(b)

Boatwright WMA.

1.

An applicant shallmust apply in person before 4:45 a.m. CST the day of their intended hunt.

2.

An applicant shall fill out the provided check-in card completely and accurately.

3.

A random drawing for an unclaimed department blind or hunting unit shallwill occur after 4:45 a.m. CST.

4.

Selected applicants shallwill choose an available department blind or hunting unit and be designated waterfowl permit holder.

(c)

Sloughs WMA.

1.

An applicant shallmust apply in person before 6 p.m. CST the Monday before their intended hunt.

2.

An applicant shall fill out the provided check-in card completely and accurately.

3.

A random drawing for an unclaimed department blind or hunting unit shallwill occur after 6:00 p.m. CST.

4.

Selected applicants shallwill choose an available department blind or hunting unit and be designated as a waterfowl permit holder.

(5)

A person shall be declared ineligible to hunt in department limited-access waterfowl hunts during the remaining portion of the regular waterfowl season and declared ineligible to hunt in or apply for any department limited-access hunt or department quota hunt the following year if the hunter violates state or federal regulations while waterfowl hunting on WMAs during a limited-access waterfowl hunt.

Section 5.

State Parks. Waterfowl hunting shall be prohibited, except there shall be an open waterfowl hunt December 7 through January 31 on designated areas of state parks at:

(1)

Greenbo Lake;

(2)

Nolin Lake;

(3)

Paintsville Lake; and

(4)

Yatesville Lake.

Section 6.

Youth-Mentor and Mobility-Impaired Waterfowl Hunts.

(1)

There shall be youth-mentor waterfowl hunts on the Minor Clark and Peter W. Pfeiffer fish hatcheries each Saturday and Sunday in January.

(2)

There shall be a mobility-impaired waterfowl hunt at Minor Clark Fish Hatchery that is held concurrently with each youth-mentor hunt.

(3)

There shall be a waterfowl blind at Doug Travis WMA assigned by a random pre-season electronic drawing among all mobility-impaired applicants.

(4)

A youth or mobility-impaired person shall:

(a)

Apply on the department's Web site at fw.ky.gov between November 1 and November 15; and

(b)

Carry a department-provided selection notification on the day of the hunt.

(5)

A mobility-impaired person shall carry a mobility-impaired access permit pursuant to 301 KAR 3:026.

(6)

Each youth shall be accompanied by an adult who is eighteen (18) years or older.

(7)

At the youth-mentor hunts:

(a)

Each youth shall not be accompanied by more than one (1) adult; and

(b)

One (1) adult may accompany two (2) youths.

(8)

A person shall:

(a)

Hunt from an established blind; and

(b)

Not change blinds.

(9)

A blind shall not be used by more than four (4) individuals.

(10)

A person shall only discharge a firearm from a blind.

(11)

A person shall not possess more than twenty-five (25) shotshells.

(12)

A waterfowl hunter, mentor, or assistant shall immediately retrieve downed birds.

(13)

A person shall encase a firearm if traveling to or from a blind.

(14)

A hunter at Minor Clark or Peter Pfeiffer Fish Hatcheries shall:

(a)

Cease hunting by noon; and

(b)

Exit the area by 1 p.m.

(15)

All decoys and equipment shall be removed at the end of each day's hunt.

(16)

A hunter at Minor Clark or Peter Pfeiffer Fish Hatcheries shall report harvest by depositing a completed hunt permit at the designated location.

Section 1.

Definitions.

(1)

"Blind" means a:

(a)

Concealed enclosure;

(b)

Pit; or

(c)

Boat.

(2)

"Department blind" means a permanently fixed blind structure built by the department.

(3)

"Hunt site" means a specific location where waterfowl hunting is allowed, as approved by the department or the U.S. Army Corps of Engineers.

(4)

"Layout blind" means a portable blind that when fully deployed allows one (1) person to be concealed above the surface of the ground.

(5)

"Party" means:

(a)

A person hunting alone; or

(b)

Two (2) to four (4) people who share a department blind or hunt site.

(6)

"Permanent blind" means a blind left in place by a waterfowl hunter longer than twenty-four (24) hours.

(7)

"Regular waterfowl season" means the open waterfowl season that does not include the Light Goose Conservation Order or the September wood duck, teal, and Canada goose seasons as established in 301 KAR 2:221 and 2:225.

(8)

"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.

Section 2.

Shot Requirements. A person hunting waterfowl shall not use or possess a shotgun shell:

(1)

Longer than three and one-half (3 1/2) inches; or

(2)

Containing:

(a)

Lead shot;

(b)

Shot not approved by the U.S. Fish and Wildlife Service for waterfowl hunting; or

(c)

Shot larger than size "T".

Section 3.

 

(1)

Except as established in this section or in Section 4 of this administrative regulation, on a Wildlife Management Area:

(a)

A person hunting waterfowl shall not:

1.

Establish or hunt from a permanent waterfowl blind; or

2.

Hunt within 200 yards of:

a.

Another occupied hunt site; or

b.

Another legal waterfowl hunting party.

(b)

A person shall not hunt in a designated recreation area or access point;

(c)

More than four (4) persons shall not occupy a waterfowl blind or hunt site; and

(d)

A hunter shall remove decoys and personal items daily, except that a hunter drawn for a multiday hunt may choose to leave decoys in place for the duration of the hunt.

(2)

In order to establish or use a permanent waterfowl blind or hunt site on Lake Barkley, Barren River Lake, Buckhorn Lake, Green River Lake, Nolin River Lake, Paintsville Lake, Rough River Lake, Sloughs, or Doug Travis Wildlife Management Areas, a person:

(a)

Shall first obtain a waterfowl blind permit from the U.S. Army Corps of Engineers or the department;

(b)

May designate one (1) other person as a partner; and

(c)

Shall not hold more than one (1) permit per area.

(3)

A person who participates in a drawing for a hunt site permit shall:

(a)

Be at least eighteen (18) years of age; and

(b)

Possess:

1.

A valid Kentucky hunting license;

2.

A Kentucky migratory game bird and waterfowl permit; and

3.

A federal duck stamp.

(4)

The holder of a hunt site permit shall:

(a)

Construct or establish the blind or hunt site before November 20 or forfeit the permit;

(b)

Not lock a waterfowl blind; and

(c)

Remove the blind and blind materials within thirty (30) days after the close of the regular waterfowl season or be ineligible for a permit the following year, unless an extension of time is granted by the department due to weather or water level conflicts.

(5)

A permanent blind, department blind, or blind site not occupied by the permit holder one (1) hour before sunrise shall be available to another hunter on a first-come, first-served basis.

(6)

A waterfowl blind restriction established in this section shall not apply to a falconer if a gun or archery season is not open.

Section 4.

Wildlife Management Area Requirements.

(1)

The regular waterfowl season provisions shall apply, as established in 301 KAR 2:221, except as established in this section.

(2)

The provisions of this section shall not apply to a waterfowl hunting season that opens prior to October 15, as established in 301 KAR 2:225.

(3)

A person shall not:

(a)

Hunt on an area marked by a sign as closed to hunting;

(b)

Enter an area marked by signs as closed to public access; or

(c)

Hunt a species on an area marked by signs as closed to hunting for that species.

(4)

On Wildlife Management Areas in Ballard County:

(a)

The shotgun shell possession limit shall be fifteen (15), except that the shotgun shell possession limit shall be twenty-five (25) if:

1.

The daily bag limit for ducks is greater than three (3); and

2.

The daily bag limit for Canada goose is greater than or equal to two (2); and

(b)

At least one (1) person shall be eighteen (18) years of age or older if hunting in a department waterfowl blind or hunt site.

(5)

At Ballard WMA:

(a)

The duck, coot, merganser, and goose season shall be December 7 through January 31;

(b)

Youth waterfowl season shall be the first full weekend in February;

(c)

A person hunting waterfowl shall not hunt on Monday, Tuesday, Christmas Eve, Christmas Day, or New Year's Day; and

(d)

A person hunting waterfowl shall:

1.

Apply for the waterfowl quota hunt as established in Section 5 of this administrative regulation;

2.

Not hunt waterfowl on the Ohio River from fifty (50) yards upstream of Dam 53 to fifty (50) yards downstream from the southern border of Ballard WMA from October 15 through March 15;

3.

Stop hunting and exit the hunting area by 2 p.m. during the regular waterfowl season, except as authorized by the department;

4.

Check out of the area by accurately completing the Daily Post-Hunt Survey provided by the department and submitting the survey at the department-designated drop point by 3 p.m. the day of the hunt, or be declared ineligible to hunt at Ballard WMA for the remainder of the current and following waterfowl season; and

5.

Hunt in close proximity to other hunt party members so that each member of the party is within twenty-five (25) feet of another party member and no two (2) party members are more than 100 feet apart.

(6)

At Boatwright WMA, including the Olmsted, Peal, and Swan Lake units:

(a)

A party shall:

1.

Not hunt on Monday, Tuesday, Christmas Eve, Christmas Day, or New Year's Day;

2.

Obtain a daily check-in card by 8 a.m. before entering the area from December 7 through January 31; and

3.

Check out the same day by:

a.

Visiting the designated check station prior to 8 a.m.; or

b.

Depositing the check-in card at a department-designated drop point after 8 a.m.;

(b)

Duck season shall be open one-half (1/2) hour before sunrise to sunset beginning Thanksgiving Day for four (4) consecutive days on areas of Boatwright WMA that are open to hunting;

(c)

A department blind or hunt site shall be assigned through a daily drawing from December 7 through January 31;

(d)

A department blind or hunt site shall be offered to another hunter on a first-come, first-served basis, if the blind or hunt site has not been assigned during the daily drawing;

(e)

Waterfowl hunters shall exit the area by 2 p.m. during the regular waterfowl season;

(f)

A boat blind shall not be permitted in flooded timber, except:

1.

During periods of flood if no other access is possible; or

2.

A mobility-impaired hunter may hunt from a boat; and

(g)

A party shall only hunt waterfowl:

1.

From a department blind; or

2.

From layout blinds set so that all layout blinds in the party lie within a twenty-five (25) foot radius from the center of the party, and within 200 yards of a hunt site during the regular waterfowl season.

(7)

On the Peal unit of Boatwright WMA:

(a)

More than seven (7) parties shall not hunt at the same time on Buck Lake or Flat Lake;

(b)

More than four (4) parties shall not hunt at the same time on Fish Lake;

(c)

More than three (3) parties shall not hunt at the same time on First Lake or Second Lake; and

(d)

A party shall not hunt waterfowl except within twenty-five (25) feet of a hunt site during the regular waterfowl season.

(8)

On the Swan Lake Unit of Boatwright WMA:

(a)

A person shall not hunt waterfowl from Thanksgiving Day through December 6;

(b)

The area open to hunting during the regular waterfowl season shall be open for the Light Goose Conservation Order season as established in 301 KAR 2:221; and

(c)

Blind restrictions shall not apply to the Light Goose Conservation Order season.

(9)

Lake Barkley WMA.

(a)

A permanent blind shall only be established within ten (10) yards of a blind site.

(b)

Waterfowl refuge areas.

1.

The area west of the Cumberland River channel, as marked by buoys, between river mile 51, at Hayes Landing Light, south to the Tennessee Valley Authority's power transmission lines at river mile 55.5, shall be closed from November 1 through February 15; and

2.

The area within Honker Bay and Fulton Bay, as marked by buoys and signs, shall be closed from November 1 through March 15.

(c)

A person shall not hunt from October 15 through March 15:

1.

On Duck Island; or

2.

Within 200 yards of Duck Island.

(10)

Barren River Lake WMA. A person hunting waterfowl:

(a)

May use a breech-loading shotgun along the shoreline of the Peninsula Unit; and

(b)

Shall not use a breech-loading firearm elsewhere on the area.

(11)

Big Rivers WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(12)

Cedar Creek WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(13)

Miller Welch-Central Kentucky WMA. A person shall not hunt waterfowl from October 15 through January 14.

(14)

Lake Cumberland WMA. The following sections shall be closed to the public from October 15 through March 15:

(a)

The Wesley Bend area, bounded by Fishing Creek, Beech Grove Road, and Fishing Creek Road; and

(b)

The Yellowhole area, bounded by Fishing Creek Road and Hickory Nut Road.

(15)

Dix River WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(16)

Doug Travis WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(c)

A person hunting waterfowl shall exit the area by 2 p.m. during waterfowl season, except as authorized by the department.

(d)

On Black Lake, Fish Lake, Forked Lake, Indian Camp Lake, Number Four Lake, Town Creek Moist Soil Unit, and Upper Goose Lake, all waterfowl hunting after November 1 shall be:

1.

From hunt sites assigned by a random preseason drawing; and

2.

Within ten (10) yards of a hunt site, including periods of Mississippi River flooding.

(17)

Grayson Lake WMA. A person shall not hunt waterfowl:

(a)

Within the no-wake zone at the dam site marina;

(b)

From the shore of Camp Webb;

(c)

On Deer Creek Fork; or

(d)

Within three-quarters (3/4) of a mile from the dam.

(18)

Green River Lake WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(19)

Kaler Bottoms WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(20)

Kentucky River WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(21)

Land Between the Lakes National Recreation Area.

(a)

The following portions shall be closed to the public from November 1 through March 15:

1.

Long Creek Pond;

2.

The eastern one-third (1/3) of Smith Bay, as marked by buoys; and

3.

The eastern two-thirds (2/3) of Duncan Bay, as marked by buoys.

(b)

The following portions shall be closed to waterfowl hunting:

1.

The Environmental Education Center; and

2.

Energy Lake.

(c)

A person shall possess an annual Land Between the Lakes Hunting Permit if hunting waterfowl:

1.

Inland from the water's edge of Kentucky Lake or Barkley Lake; or

2.

From a boat on a flooded portion of Land Between the Lakes when the lake level is above elevation 359.

(d)

A person shall not hunt waterfowl on inland areas during a quota deer hunt.

(e)

A person shall not establish or use a permanent blind:

1.

On an inland area; or

2.

Along the Kentucky Lake shoreline of Land Between the Lakes.

(f)

A person hunting waterfowl shall remove decoys and personal items daily.

(22)

Obion Creek WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(23)

Ohio River Islands WMA.

(a)

A person shall not hunt from October 15 through March 15 on the Kentucky portion of the Ohio River from Smithland Lock and Dam upstream to the power line crossing at approximately river mile 911.5.

(b)

Stewart Island shall be closed to public access from October 15 through March 15.

(c)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(d)

A person shall not enter a hunting area prior to 4 a.m. daily.

(24)

Peabody WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(c)

The following areas, as posted by signs, shall be closed to the public from October 15 through March 15:

1.

The Sinclair Mine area, bounded by Hwy 176, the haul road, and Goose Lake Road; and

2.

The Ken area, bounded by Wysox Road, H2 Road, H1 Road, and H6 Road.

(25)

Pioneer Weapons WMA. A person hunting waterfowl:

(a)

May use a breech-loading shotgun along the shoreline of Cave Run Lake; and

(b)

Shall not use a breech-loading firearm elsewhere on the area.

(26)

Robinson Forest WMA. The main block of the WMA shall be closed to waterfowl hunting.

(27)

Sloughs WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(c)

A person hunting waterfowl shall exit the area by 2 p.m. during the regular waterfowl season.

(d)

On the Highlands Creek and Grassy Pond Powell's Lake units, a person hunting waterfowl shall:

1.

Hunt:

a.

From a department blind;

b.

Within twenty-five (25) yards of a hunt site; or

c.

No closer than 200 yards of another hunting party; and

2.

Remove decoys and personal items from the area on a daily basis.

(e)

If the Ohio River reaches a level that requires boat access, a waterfowl hunter:

1.

May hunt from a boat without regard to department blinds; and

2.

Shall not hunt closer than 200 yards from another boat.

(f)

If hunting waterfowl on the Crenshaw and Duncan Tracts of the Sauerheber Unit or the Jenny Hole Unit:

1.

A person shall not hunt on a Tuesday or Wednesday;

2.

A person shall hunt from a blind or a hunt site assigned by the department through a drawing as established in Section 5 of this administrative regulation;

3.

A person shall not possess more than fifteen (15) shotgun shells, except that the shotgun shell possession limit shall be twenty-five (25) if:

a.

The daily bag limit for ducks is greater than three (3); and

b.

The daily bag limit for Canada goose is greater than or equal to two (2);

4.

If under eighteen (18) years of age, a person shall be accompanied by an adult.

(g)

The Crenshaw and Duncan tracts of the Sauerheber Unit shall be closed to hunting except for:

1.

Waterfowl from November 1 through March 15; and

2.

The modern gun deer season.

(h)

The remainder of the Sauerheber Unit shall be closed to the public from November 1 through March 15.

(i)

The Jenny Hole Unit shall be closed to boats from Thanksgiving Day through the last Sunday in January, except for persons participating in department-managed activities.

(j)

A hunter participating in a quota waterfowl hunt at Sloughs WMA shall:

1.

Hunt in close proximity to other hunt party members so that each member of the party is within twenty-five (25) feet of another party member and no two (2) party members are more than 100 feet apart; and

2.

Check out of the area by accurately completing the Daily Post-Hunt Survey provided by the department and submitting the survey at the designated drop point by 3 p.m. the day of the hunt or be ineligible to hunt at Sloughs WMA for the remainder of the current and following waterfowl season.

(28)

South Shore WMA.

(a)

The WMA shall be closed to hunting from November 15 through January 15, except for waterfowl and dove hunting.

(b)

A hunter shall use a department blind.

(c)

A department blind shall be available daily on a first-come, first-served basis.

(29)

Taylorsville Lake WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(30)

Yatesville Lake WMA. The following areas shall be closed to waterfowl hunting, unless authorized by Yatesville Lake State Park:

(a)

The Greenbrier Creek embayment; and

(b)

The lake area north from the mouth of the Greenbrier Creek embayment to the dam, including the island.

(31)

Yellowbank WMA. The area designated by a sign and painted boundary marker shall be closed to the public from October 15 through March 15.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

(32)

J.C. Williams WMA.

(a)

Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b)

A person shall not enter a hunting area prior to 4 a.m. daily.

Section 5.

Ballard WMA and Sloughs WMA Quota Hunts.

(1)

A person applying to hunt waterfowl on Ballard WMA or the Sauerheber Unit of Sloughs WMA shall:

(a)

Apply by completing the online Ballard or Sloughs Waterfowl Quota Hunt Form process on the department's Web site at fw.ky.gov;

(b)

Apply from September 1 through September 30;

(c)

Pay a three (3) dollar application fee for each application; and

(d)

Not apply more than one (1) time for each hunt.

(2)

A person drawn to hunt at Sloughs WMA shall check in on the Sunday prior to their hunt on the department's Web site at fw.ky.gov.

(3)

A person drawn to hunt may bring up to three (3) additional hunters.

(4)

A person shall be declared ineligible to hunt in department waterfowl quota hunts during the remaining portion of the waterfowl season and declared ineligible to apply for any department quota hunt the following year if the hunter violates state or federal regulations while waterfowl hunting on WMAs that have a preseason or daily drawing.

(5)

A party applying to hunt waterfowl on the Jenny Hole Unit of Sloughs WMA shall:

(a)

Apply by attending a weekly on-site drawing at the WMA; and

(b)

Designate any other party members, if applicable, prior to the drawing.

(6)

A party drawn to hunt on the Jenny Hole Unit of Sloughs WMA, as established in subsection (5) of this section, shall not be allowed to change any party members after being drawn.

Section 6.

State Parks.

(1)

Waterfowl hunting shall be prohibited, except there shall be an open waterfowl hunt December 13 through January 31 on designated areas of state parks at:

(a)

Greenbo Lake;

(b)

Lake Barkley;

(c)

Lincoln Homestead;

(d)

Nolin Lake;

(e)

Paintsville Lake; and

(f)

Yatesville Lake.

(2)

Hunters shall check in and out each day at the designated check station.

(3)

During check-in, hunters shall be provided a map showing designated areas of the park that are open to waterfowl hunting.

Section 7.

Youth-Mentor and Mobility-Impaired Waterfowl Hunts.

(1)

There shall be youth-mentor waterfowl hunts on the Minor Clark and Peter W. Pfeiffer fish hatcheries each Saturday and Sunday in January.

(2)

There shall be a mobility-impaired waterfowl hunt at Minor Clark Fish Hatchery that is held concurrently with each youth-mentor hunt.

(3)

There shall be a waterfowl blind at Doug Travis WMA assigned by a random pre-season electronic drawing among all mobility-impaired applicants.

(4)

A youth or mobility-impaired person shall:

(a)

Apply on the department's Web site at fw.ky.gov between November 1 and November 15; and

(b)

Carry a department provided postcard notification on the day of the hunt.

(5)

A mobility-impaired person shall carry a mobility-impaired access permit pursuant to 301 KAR 3:026.

(6)

Each youth shall be accompanied by an adult who is eighteen (18) years or older.

(7)

At the youth-mentor hunts:

(a)

Each youth shall not be accompanied by more than one (1) adult; and

(b)

One (1) adult may accompany two (2) youths.

(8)

A person shall:

(a)

Hunt from an established blind; and

(b)

Not change blinds.

(9)

A blind shall not be used by more than four (4) hunters.

(10)

A person shall only discharge a firearm from a blind.

(11)

A person shall not possess more than twenty-five (25) shotshells.

(12)

A waterfowl hunter, mentor, or assistant shall immediately retrieve downed birds.

(13)

A person shall encase a firearm if traveling to and from a blind.

(14)

A hunter at Minor Clark or Peter Pfeiffer Fish Hatcheries shall:

(a)

Cease hunting by noon; and

(b)

Exit the area by 1 p.m.

(15)

All decoys and equipment shall be removed at the end of each day's hunt.

(16)

A hunter at Minor Clark or Peter Pfeiffer Fish Hatcheries shall report harvest by depositing a completed hunt permit at the designated location.

Section 7.Section 8.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Daily Post-hunt Survey", 2023 edition;"Sloughs WMA Waterfowl Hunter Survey Report", 2014 edition;

(b)

"Ballard or Sloughs Waterfowl Quota Hunt Form", 2014 edition;

(c)

"Boatwright WMA Waterfowl Quota Hunt Form", 2023 edition;

(d)

"Hatcheries Youth-Mentor/Mobility-Impaired Canada Goose Hunt Application", 2017 edition; and

(e)(d)

"Doug Travis WMA Mobility-Impaired Waterfowl Hunt Application", 2017 edition.

(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.

(3)

This material may also be found on the department's Web site at fw.ky.gov.
FILED WITH LRC: June 13, 2023
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.

7-Year Expiration: 8/20/2026

Last Updated: 6/23/2023

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