Jenny Gilbert

This administrative regulation establishes 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). In addition, it establishes requirements for the hunting of migratory birds.

The necessity of this administrative regulation is to establish annual migratory bird 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 authorizes the department to regulate the taking of waterfowl on public and private land. This administrative regulation establishes procedures for the taking of migratory game birds within reasonable limits and within the frameworks established by 50 C.F.R. Parts 20 and 21.

This administrative regulation assists in the effective administration of the statutes by establishing the migratory bird hunting seasons and area specific requirements consistent with state, national, and international management goals.

This amendment will reduce the length of the September teal season from nine (9) days to five (5) days. Further, this amendment will disallow the use of decoys by dove hunters on Department controlled lands during the month of September.

Teal seasons are set under pre-agreed upon Adaptive Harvest Management (AHM) agreements with the US Fish and Wildlife Service. Based on surveys conducted in the spring of 2024, teal populations fell below the level which allows for a "liberal" package and instead mandated the use of a "moderate" package. In Kentucky, the moderate AHM package mandates a maximum of 5 days of teal hunting in September for the 2025-2026 season. Decoys have become a problem on public dove fields in recent seasons. The use of motorized decoys has resulted in many quickly diving and low flying doves and has created a less safe environment for hunters using public dove fields. Additionally, numerous hunters have arrived in public dove fields early and used arrays of decoys to "block off" areas around them to keep other hunters away from their spots. This has created conflicts and discontent among other hunters.

See (1)(c) above.

See (1)(d) above.

There are approximately 40,000 migratory bird hunters in Kentucky.

Migratory bird hunters will now have to hunt teal during a September timeframe on only five (5) consecutive days beginning the third Saturday in September. Dove hunters wishing to utilize public land dove hunting opportunities will have to forgo the use of decoys to attract dove during the month of September.

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

Teal hunters will be in compliance with federal law. Dove hunters utilizing Department controlled lands will experience safer hunts with less likelihood of conflict over who gets to hunt a specific area.

This administrative regulation change will result in no initial change in administrative cost to the Department.

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 other fees or increase funding to implement this administrative regulation.

No new fees will be established.

Tiering was not applied. The same requirements and limits apply to all migratory bird hunters.

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

The Kentucky Department of Fish and Wildlife and its Divisions of Wildlife and Law Enforcement will be impacted by this administrative regulation.

No additional expenditures will be necessitated by the amendments to this administrative regulation during the first year.

No revenue will be generated by amendments to this administrative regulation during the first year.

No cost savings will be generated by amendments to this administrative regulation during the first year.

There will be no differences to expenditures, revenues or cost savings in subsequent years.

No local entities will be impacted.

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There will be no impact on expenditures, revenues or cost savings in subsequent years.

None.

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There will be no impact on expenditures, revenues or cost savings in subsequent years.

There will be no fiscal impact generated by the amendment to this administrative regulation. The reduced number of hunting days is mandated by federal law to protect harvested populations. In Kentucky, most hunters hunt the opening weekend of this season, and few (<1000) were hunting on the final days of the season. The reduction will not reduce hunter numbers but instead just limit total harvest. The prohibition of decoys will not limit the number of people hunting. It will just mean those hunting are safer and less likely to have conflicts.

Experience of KDFWR staff.

. These regulation changes will not have a "Major economic impact".

Experience of KDFWR staff.

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.