Title 301 | Chapter 002 | Regulation 245
SUPERSEDED
This document is no longer current.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 2:245.Wanton waste and disposal of big game and upland game birds.
Section 1.
Definitions.(1)
"Big game" means wild individuals of the species:(a)
Deer, Odocoileus virginianus;(b)
Elk, Cervus canadensis nelsoni; and(c)
Bear, Ursus americanus.(2)
"Carcass or offal" means the skeleton, skin, entrails, and other parts of big game or upland game birds remaining after the edible portions have been removed.(3)
"Edible parts" are those portions suitable for processing and consumption after take and recovery of the animal, which have not been spoiled due to the method of take, including:(a)
For big game, the quarters and outer loins; and(b)
For an upland game bird, the breast meat.(4)
"Processing" means the act of removing the usable portions of meat from a taken and recovered animal and storing or preparing the meat for consumption.(5)
"Recover" means to locate and retrieve an animal a person has taken.(6)
"Upland game birds" means wild individuals of these species:(a)
Wild turkey, Meleagris gallopavo silvestris;(b)
Northern bobwhite, Colinus virginianus; and(c)
Ruffed grouse, Bonasa umbellus.Section 2.
Recovery of Big Game and an Upland Game Bird. A person who has attempted to take big game or an upland game bird shall make a reasonable effort to recover the animal.Section 3.
Harvest of Big Game or Upland Game Birds.(1)
Upon recovery of big game or an upland game bird, the hunter taking the animal shall:(a)
Comply with the established requirements as established in 301 KAR Chapter 2 for tagging and checking; and(b)
Remove edible parts from the field and make a reasonable effort to transport them to the hunter's residence or other destination for storage or processing, or lawfully transfer them to another individual, establishment, or organization.(2)
It shall be unlawful to remove inedible portions of big game or an upland game bird while leaving edible portions in the field to waste.(3)
The provisions of this section shall not apply to big game or an upland game bird that is:(a)
Recovered and the hunter taking the animal has reasonable grounds to believe the animal was diseased or rendered partially or completely unusable by infection or injury; or(b)
Cannot be recovered before the carcass has begun to decay rendering it unsuitable for consumption.Section 4.
Authorization to Take for Other Purposes. A person shall be exempt from requirements in this administrative regulation for big game or an upland game bird taken:(1)
For damage to private lands or personal property by the landowner or a person otherwise authorized under the provisions of KRS 150.170(7);(2)
Due to vehicle collision; or(3)
For humanely dispatching an animal or in defense of self or others under the provisions of KRS 150.172(2)(a) or 525.130(2).Section 5.
Carcass Disposal.(1)
It shall be unlawful to dispose of a carcass or offal of big game or an upland game bird on any private or public property or public waterway, except:(a)
A hunter may dispose of a carcass or offal from big game or an upland game bird on the public property where the animal was taken, but the carcass or parts shall be deposited at least 300 feet from a building, maintained road, parking area, public access facility or gate, or established hunting blind, unless otherwise prohibited and as long as the big game or upland bird is not removed from the public property and then returned thereto;(b)
A hunter may dispose of a carcass or offal from legally acquired big game or upland bird on private property where the hunter received permission from the landowner; or(c)
A hunter may dispose of a big game carcass or offal by burying the carcass and parts, deposition in a contained landfill, or removal by a duly licensed rendering establishment as described in KRS 150.722.(2)
A person disposing of big game or an upland game bird carcass or offal in an unlawful manner may be cited with criminal littering pursuant to KRS 512.070.RICH STORM, Commissioner
APPROVED BY AGENCY: December 14, 2022
FILED WITH LRC: December 15, 2022 at 11:35 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 28, 2023, at 10:00 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 February 28, 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, (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 regulation establishes requirements for the recovery and removal of certain portions of big game animals and upland game birds hunters take or attempt to take when hunting as well as establishes rules for carcass disposal.
(b) The necessity of this administrative regulation:
This regulation is necessary to prevent the wanton waste of the state’s natural resources, prevent contamination of public waterways by carcass disposal, and prevent excessive carcass disposal on public lands.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.015 requires the department to protect and conserve the wildlife of this Commonwealth. KRS 150.025(1)(h) authorizes the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 150. KRS 150.390(1) specifies persons may only take or pursue big game animals in accordance with regulations promulgated under KRS Chapter 150. This regulation regulates the take of such animals. KRS 512.070(1)(b) prohibits littering on any public or private property or water without permission. This regulation establishes the grant of permission to leave a carcass on public property.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by establishing requirements for the recovery of big game and upland game birds, prohibiting wanton waste of animals taken, and establishing requirements for the disposal of carcasses.
(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:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All hunters taking big game or upland game birds.
(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:
All hunters will have to make reasonable efforts to recover big game and upland game birds they have taken, will have to harvest, at minimum, the required portions of healthy animals recovered, and will have to properly dispose of the carcasses of animals taken.
(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 direct added costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The hunters will obtain the edible portions of the animals taken and encounter less decomposing carcasses while in the field.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no additional cost to the agency to implement this administrative regulation.
(b) On a continuing basis:
There will be no additional cost to the agency 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 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:
An increase in fees will not be necessitated by this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not establish any fees directly or indirectly.
(9) TIERING: Is tiering applied?
No. This regulation will apply to all individuals and groups the same.
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 Kentucky Department of Fish and Wildlife Resources' Divisions of Wildlife and Law Enforcement will be impacted by this amendment.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 150.025 authorizes the Department of Fish and Wildlife to make regulations as to game and fish.
(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?
N/A
(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?
N/A
(c) How much will it cost to administer this program for the first year?
No cost will be incurred for the first year.
(d) How much will it cost to administer this program for subsequent years?
No cost will be incurred for subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
N/A
Expenditures (+/-):
N/A
Other Explanation:
N/A
(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?
N/A
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
N/A
(c) How much will it cost the regulated entities for the first year?
No cost will be incurred for the first year.
(d) How much will it cost the regulated entities for subsequent years?
No cost will be incurred for 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 (+/-):
N/A
Expenditures (+/-):
N/A
Other Explanation:
N/A
(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)] This regulation will not have a major economic impact.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
N/A
(2) State compliance standards.
N/A
(3) Minimum or uniform standards contained in the federal mandate.
N/A
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
N/A
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 2:245.Wanton waste and disposal of big game and upland game birds.
Section 1.
Definitions.(1)
"Big game" means wild individuals of the species:(a)
Deer, Odocoileus virginianus;(b)
Elk, Cervus canadensis nelsoni; and(c)
Bear, Ursus americanus.(2)
"Carcass or offal" means the skeleton, skin, entrails, and other parts of big game or upland game birds remaining after the edible portions have been removed.(3)
"Edible parts" are those portions suitable for processing and consumption after take and recovery of the animal, which have not been spoiled due to the method of take, including:(a)
For big game, the quarters and outer loins; and(b)
For an upland game bird, the breast meat.(4)
"Processing" means the act of removing the usable portions of meat from a taken and recovered animal and storing or preparing the meat for consumption.(5)
"Recover" means to locate and retrieve an animal a person has taken.(6)
"Upland game birds" means wild individuals of these species:(a)
Wild turkey, Meleagris gallopavo silvestris;(b)
Northern bobwhite, Colinus virginianus; and(c)
Ruffed grouse, Bonasa umbellus.Section 2.
Recovery of Big Game and an Upland Game Bird. A person who has attempted to take big game or an upland game bird shall make a reasonable effort to recover the animal.Section 3.
Harvest of Big Game or Upland Game Birds.(1)
Upon recovery of big game or an upland game bird, the hunter taking the animal shall:(a)
Comply with the established requirements as established in 301 KAR Chapter 2 for tagging and checking; and(b)
Remove edible parts from the field and make a reasonable effort to transport them to the hunter's residence or other destination for storage or processing, or lawfully transfer them to another individual, establishment, or organization.(2)
It shall be unlawful to remove inedible portions of big game or an upland game bird while leaving edible portions in the field to waste.(3)
The provisions of this section shall not apply to big game or an upland game bird that is:(a)
Recovered and the hunter taking the animal has reasonable grounds to believe the animal was diseased or rendered partially or completely unusable by infection or injury; or(b)
Cannot be recovered before the carcass has begun to decay rendering it unsuitable for consumption.Section 4.
Authorization to Take for Other Purposes. A person shall be exempt from requirements in this administrative regulation for big game or an upland game bird taken:(1)
For damage to private lands or personal property by the landowner or a person otherwise authorized under the provisions of KRS 150.170(7);(2)
Due to vehicle collision; or(3)
For humanely dispatching an animal or in defense of self or others under the provisions of KRS 150.172(2)(a) or 525.130(2).Section 5.
Carcass Disposal.(1)
It shall be unlawful to dispose of a carcass or offal of big game or an upland game bird on any private or public property or public waterway, except:(a)
A hunter may dispose of a carcass or offal from big game or an upland game bird on the public property where the animal was taken, but the carcass or parts shall be deposited at least 300 feet from a building, maintained road, parking area, public access facility or gate, or established hunting blind, unless otherwise prohibited and as long as the big game or upland bird is not removed from the public property and then returned thereto;(b)
A hunter may dispose of a carcass or offal from legally acquired big game or upland bird on private property where the hunter received permission from the landowner; or(c)
A hunter may dispose of a big game carcass or offal by burying the carcass and parts, deposition in a contained landfill, or removal by a duly licensed rendering establishment as described in KRS 150.722.(2)
A person disposing of big game or an upland game bird carcass or offal in an unlawful manner may be cited with criminal littering pursuant to KRS 512.070.RICH STORM, Commissioner
APPROVED BY AGENCY: December 14, 2022
FILED WITH LRC: December 15, 2022 at 11:35 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 28, 2023, at 10:00 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 February 28, 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, (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 regulation establishes requirements for the recovery and removal of certain portions of big game animals and upland game birds hunters take or attempt to take when hunting as well as establishes rules for carcass disposal.
(b) The necessity of this administrative regulation:
This regulation is necessary to prevent the wanton waste of the state’s natural resources, prevent contamination of public waterways by carcass disposal, and prevent excessive carcass disposal on public lands.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.015 requires the department to protect and conserve the wildlife of this Commonwealth. KRS 150.025(1)(h) authorizes the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 150. KRS 150.390(1) specifies persons may only take or pursue big game animals in accordance with regulations promulgated under KRS Chapter 150. This regulation regulates the take of such animals. KRS 512.070(1)(b) prohibits littering on any public or private property or water without permission. This regulation establishes the grant of permission to leave a carcass on public property.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes by establishing requirements for the recovery of big game and upland game birds, prohibiting wanton waste of animals taken, and establishing requirements for the disposal of carcasses.
(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:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All hunters taking big game or upland game birds.
(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:
All hunters will have to make reasonable efforts to recover big game and upland game birds they have taken, will have to harvest, at minimum, the required portions of healthy animals recovered, and will have to properly dispose of the carcasses of animals taken.
(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 direct added costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The hunters will obtain the edible portions of the animals taken and encounter less decomposing carcasses while in the field.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no additional cost to the agency to implement this administrative regulation.
(b) On a continuing basis:
There will be no additional cost to the agency 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 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:
An increase in fees will not be necessitated by this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not establish any fees directly or indirectly.
(9) TIERING: Is tiering applied?
No. This regulation will apply to all individuals and groups the same.
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 Kentucky Department of Fish and Wildlife Resources' Divisions of Wildlife and Law Enforcement will be impacted by this amendment.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 150.025 authorizes the Department of Fish and Wildlife to make regulations as to game and fish.
(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?
N/A
(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?
N/A
(c) How much will it cost to administer this program for the first year?
No cost will be incurred for the first year.
(d) How much will it cost to administer this program for subsequent years?
No cost will be incurred for subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
N/A
Expenditures (+/-):
N/A
Other Explanation:
N/A
(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?
N/A
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
N/A
(c) How much will it cost the regulated entities for the first year?
No cost will be incurred for the first year.
(d) How much will it cost the regulated entities for subsequent years?
No cost will be incurred for 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 (+/-):
N/A
Expenditures (+/-):
N/A
Other Explanation:
N/A
(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)] This regulation will not have a major economic impact.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
N/A
(2) State compliance standards.
N/A
(3) Minimum or uniform standards contained in the federal mandate.
N/A
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
N/A
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A