COMMERCE CABINET

Department of Fish and Wildlife Resources

(As Amended at ARRS, May 13, 2008)

      301 KAR 2:041. Shooting areas[preserves] and foxhound training enclosures.

      RELATES TO: KRS 150.010, [150.170, 150.175,] 150.180, [150.240,] 150.280, 150.630, 150.990

      STATUTORY AUTHORITY: KRS 150.175[(1)(q)], 150.240[(2)]

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.175(28) authorizes the issuance of a special license for residents and nonresidents for the purpose of hunting on licensed shooting areas.[ KRS 150.175 authorizes the commissioner, with the approval of the commission, to establish and regulate private or commercial hunting preserves.][(1)(q) establishes a special license for nonresidents to hunt on shooting preserves.] KRS 150.240[150.250(2)] authorizes the department to promulgate administrative regulations governing public or commercial shooting areas[preserves]. This administrative regulation establishes procedures to ensure uniform operation of shooting areas, dog training areas, foxhound training enclosures[insure that detrimental exotic game species are not introduced, to insure uniformity of shooting preserve and dog training area operating procedures], and to protect native wildlife.

      Section 1. Definitions. (1) "Dog training area permit" means a permit that designates an area to allow dog training and shooting of captive-reared bobwhite year round.

      (2) "Hoofed animal" means ungulate wildlife except wild hog and javelina.

      (3) "Shooting area[preserve]" means a place where animals are held or propagated in captivity and released to be taken by hunters.

      Section 2. Dog Training Area Season. (1) Captive-reared bobwhite: year round.

      (2) Pheasant and chukar: year-round pursuant to 301 KAR 3:030.

      Section 3. Shooting Area[Preserve] Hunting Seasons. (1) Bobwhite: August 15 through April 15.

      (2) Mallard duck: year round.

      (3) Hoofed animals: September 1 through May 15.

      (4) Seasons for other species shall conform to those in effect where the preserve is located.

      Section 4. Permits, Applications, and Transfers. (1) Without first obtaining a permit from the department, a person shall not operate:

      (a) A shooting preserve for birds;

      (b) A dog training area; or

      (c) A foxhound enclosure with field trial authorization to exempt a participant from hunting license requirements.

      (2) New permits shall not be issued for shooting areas[preserves] for any hoofed animals.

      (3) Dog training area permits, shooting area[preserve] permits for hoofed animals in existence prior to March 8, 2002, and shooting area[preserve] permits for birds shall be valid from July 1 through June 30 and renewable annually.

      (4) An application:

      (a) Shall be made on a form supplied by the department; and

      (b) For a foxhound training enclosure permit shall be signed by each person having a financial interest in the area[preserve].

      (5) The applicant for a permit shall produce evidence that he is the owner or a bona fide lessee of record of the land where he proposes to establish a shooting area[preserve] or dog training area.

      (6) A shooting area[preserve] permit may be transferable if an existing and currently permitted shooting area[preserve] is sold to a person or entity who will maintain and operate the shooting area[preserve].

      (a) The shooting area[preserve] permit holder who is transferring the permit shall be compliant with all provisions of this administrative regulation prior to transfer.

      (b) Prior to transfer, the facility shall be inspected for compliance with this administrative regulation by a conservation officer.

      (c) Prior to authorizing the transfer of a shooting area[preserve] permit, the purchaser of the shooting area[preserve] shall apply on a KDFWR shooting area[preserve] transfer form, complete the form in its entirety, and shall include a plat of the shooting area[preserve] boundaries performed by a licensed surveyor.

      (d) A transferred shooting area[preserve] permit may be renewed each year by submitting a shooting area[preserve] permit application on or before May 30.

      (e) A transferred shooting area[preserve] permit shall be given the same rights as the existing permitted facility at the time of transfer.

      (f) A transferred shooting area[preserve] permit shall only be valid for the land that was permitted prior to the time of the transfer and as described in the plat.

      (7) An applicant for a foxhound enclosure permit shall provide evidence that he is the owner or operator of the enclosure.

      (8) If the ownership or management of a foxhound training enclosure changes, the new owner or manager shall apply for a new permit.

      (9) Prior to renewal of a permit, reporting requirements as established in Section 8 of this administrative regulation shall be met for the previous year.

      Section 5. [Nonresident] Shooting Area[Preserve] Hunting Licenses.[A commercial shooting preserve operator wishing to sell nonresident shooting preserve licenses shall:]

      (1) Effective August 1, 2008, persons hunting solely on a shooting area shall be eligible to purchase a shooting area hunting license from the department's website.[Persons hunting solely on a shooting preserve shall be eligible to purchase a shooting preserve hunting license from the department's Web site.

(2) The shooting preserve hunting license shall be valid only for the shooting preserve for which the license is purchased.] [Furnish the department with a surety bond in the amount of $500.

(2) At the end of each month from September through May, send the department all money received from the sale of nonresident shooting preserve licenses.]

      Section 6. Shooting Area[Preserve] and Dog Training Area Inspection. (1) Size requirements and posting.

      (a) Shooting areas[preserves].

      1. The boundary of a shooting area[preserve] shall be marked with signs:

      a. At least eight (8) inches by twelve (12) inches;

      b. Having a white background with contrasting letters at least one (1) inch high;

      c. Stating "Shooting Area[Preserve]"; and

      d. Placed not be more than 500 feet apart.

      (b) Dog Training Areas.

      1. Size requirement: minimum size shall be ten (10) acres and maximum size shall be seventy-five (75) acres.

      2. Inspection.

      a. A department biologist or conservation officer shall inspect the area prior to application approval.

      b. The area shall consist of mowed or cut grass with no more than ten (10) percent grain or food plots.

      3. The boundary of a dog training area shall be marked with signs:

      a. At least 8 in. x 12 in.;

      b. Have a white background with contrasting letters at least one (1) inch high;

      c. State "Dog Training Area"; and

      d. Placed not more than 150 feet apart.

      Section 7. Operating Requirements for Shooting Areas[Preserves] and Dog Training Areas. (1) A person shall not hunt or carry a gun on a shooting area[preserve] before checking in at a designated check station or with the operator.

      (2) A person shall not hunt or carry a gun on a shooting area[preserve] or dog training area without a current Kentucky hunting license or shoot-to-retrieve field trial permit.

      (3) A person observing but not participating in a field trial shall not be required to possess a hunting license.

      (4) A field trial may be held throughout the year on a permitted shooting area[preserve] or dog training area.

      Section 8. Record Keeping and Reporting Requirements. (1) Shooting Areas[preserves].

      (a) The permit holder shall maintain a daily record of hunting activities on the area[preserve] showing the name, address and hunting license number of each person using the area[preserve].

      (b) A shooting area[preserve] operator shall obtain a receipt showing the number of game bird eggs or game birds purchased by species.

      (c) A shooting area[preserve] permit holder shall retain records and receipts for at least one (1) year.

      (d) A person hunting on a shooting area[preserve] or the shooting area[preserve] operator shall have in his possession:

      1. A bill of sale for birds released for hunting; or

      2. A copy of the shooting area's[preserve's] commercial captive wildlife permit.

      (2) Dog Training Areas.

      (a) The permit holder shall maintain a daily record of training or field trial activities on the area showing the name, address and hunting license number of each person using the area.

      (b) A dog training area permit holder shall retain records and receipts for at least one (1) year.

      (c) A person training dogs on a dog training area shall have in his possession;

      1. A bill of sale for bobwhite released for training; or

      2. A copy of their captive wildlife permit.

      Section 9. Hoofed Animals. (1) A shooting area[preserve] permit holder shall not import into or release a hoofed animal.

      (2) The permit holder shall:

      (a) Keep a record of:

      1. The number of each hoofed species taken; and

      2. The name, address, hunting license number and game killed by species by each hunter.

      (b) At the end of each month from September through May, submit these records to the department.

      (3) A permit holder shall not import, release or hunt wild hogs, javelinas, or any member of the family Suidae.

      Section 10. Foxhound Training Enclosure Requirements. (1) To qualify for a permit, a foxhound training enclosure shall be:

      (a) At least 200 acres;

      (b) Fenced to enclose foxes; and

      (c) Not divided by an interior fence that restrict the range of foxes to less than 200 acres.

      (2) Two (2) or more enclosures under the same ownership or management may be licensed under the same permit if:

      (a) Each is at least 200 acres; and

      (b) The enclosures share a common fence.

      (3) The operator shall provide:

      (a) Proper food, water, and shelter from inclement weather for foxes within the enclosure.

      (b) At least one (1) natural or constructed den, box or hollow log per fifty (50) acres, sufficient to hold the foxes within the enclosure, preventing their capture by hounds.

      (c) If a fox is held for release into an enclosure, a cage:

      1. Eight (8) feet long, four (4) feet wide and six (6) feet high;

      2. With a shelf eighteen (18) inches wide, three (3) feet high and four (4) feet long; and

      3. Containing an enclosed den box capable of housing a pair of foxes.

      (4) A person shall not hold more than one (1) pair of foxes or a pair and their young less than one (1) year old per cage.

      Section 11. Operations and Licensing Requirements on Foxhound Training Enclosures. (1) A person shall not intentionally engage in an activity which would cause foxhounds to injure or kill a fox in the enclosure.

      (2) Fox chasing on permitted areas shall be considered an authorized field trial if a fox is not captured or killed.

      (3) A person shall not take wildlife within an enclosure except under applicable administrative regulations and license requirements.

      (4) An operator shall:

      (a) Allow the department to inspect his facilities; and

      (b) Comply with commercial pet and propagation permit requirements in obtaining and holding foxes.

      Section 12. Revocation of Permits. (1) Revocation. A person convicted of a fish and wildlife violation including KRS Chapter 150, KAR Title 301, and federal wildlife laws shall have his permit revoked for a period of three (3) years.

      (2) Appeal Procedures. An individual whose request for a permit has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

      Section 13. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Shooting Area[Preserve] Permit Application", 2006;

      (b) "Application for Commercial Foxhound Training Enclosure Permit," 1998;

      (c) "Dog Training Area Permit Application", 2004; and

      (d) "Shooting Area[Preserve] Permit Transfer Form", 2006.

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

MARK S. CRAMER, Deputy Commissioner

      For DR. JONATHAN GASSETT, Commissioner

MARCHETA SPARROW, Secretary

      APPROVED BY AGENCY: December 7, 2007

      FILED WITH LRC: February 14, 2008 at 10 a.m.

      CONTACT PERSON: Rose Mack, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone (502) 564-3400, fax (502) 564-9136.