COMMERCE CABINET

Department of Fish and Wildlife Resources

(As Amended at ARRS, June 10, 2008)

301 KAR 2:049. Small game and furbearer hunting and trapping on public areas.

      RELATES TO: KRS 150.010, 150.370[(1)], 150.399, 150.400, 150.410, [150.620,] 150.990

      STATUTORY AUTHORITY: KRS 150.025[(1)], 150.620

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025[(1)] authorizes the department to establish seasons, limits and other requirements for hunting, and to make these requirements apply statewide or to a limited area. KRS 150.620 authorizes the department to promulgate administrative regulations for the maintenance and operation of the lands it has acquired for public recreation. This administrative regulation establishes exceptions on Wildlife Management Areas to statewide small game and furbearer hunting and trapping.

      Section 1. The provisions of 301 KAR 2:122, 301 KAR 2:251, and 301 KAR 3:010 shall apply on a Wildlife Management Area unless specified otherwise by this administrative regulation.

      Section 2. On a Wildlife Management Area owned or managed by the department:

      (1) A person shall wear hunter orange as specified in 301 KAR 2:172[, Section 12,] when a firearm is allowed for deer hunting.

      (2) The hunter orange requirement in subsection (1) of this section shall not apply to a person hunting:

      (a) Waterfowl; or

      (b) Raccoon or opossum at night.

      (3) Free youth week. For seven (7) consecutive days beginning on the Saturday after Christmas, a youth may take small game without a hunting license. Statewide requirements and bag limits apply.

      (4) Free youth trapping week. For seven (7) consecutive days beginning on the Saturday after Christmas, a youth may trap without a hunting license or permit. Statewide requirements and bag limits apply.

      Section 3. Exceptions on Specific Wildlife Management Areas. (1) Barren River Wildlife Management Area.

      (a) Northern bobwhite[Quail] and rabbit: closed after December 31. Barren River WMA shall be considered to be entirely within the Eastern Northern bobwhite[Quail] Zone.

      (b) On the Peninsula Unit, including Narrows, Goose and Grass Islands, a person shall not:

      1. Hunt with a breech-loading firearm;

      2. Except as authorized by the department, carry a breech-loading firearm with ammunition in the chamber or magazine.

      (2) Beaver Creek Wildlife Management Area, including private inholdings.

      (a) Grouse: October 1 through December 31.

      (b) Northern bobwhite[Quail] and rabbit: closed after December 31.

      [(c) Furbearer: December 5 through December 31.]

      (3) Big South Fork National River and Recreation Area, McCreary County.

      (a) Grouse: October 1 through December 31.

      (b) Northern bobwhite[Quail] and rabbit: closed after December 31.

[(4) Boatwright Wildlife Management Area, Peal Tract.

(a) Furbearer hunting: twenty (20) day season beginning the day after the modern gun deer season.

(b) Furbearer trapping: December 1 through 10, water sets only.]

(4)[(5)] Cane Creek Wildlife Management Area, including private inholdings.

      (a) Grouse: October 1 through December 31.

      (b) Northern bobwhite[Quail] and rabbit: closed after December 31.

(5)[(6)][(c) Furbearer: December 5 through December 31.

(5)] Cedar Creek Lake Wildlife Management Area:

      (a) Rabbits: closed after December 31;

      (b) Squirrels: open under statewide season; and

      (c) Closed to all other small game and furbearer hunting.

      [(6) Central Kentucky Wildlife Management Area.

(a) Closed to small game and furbearer hunting except squirrels.

(b) A person shall not allow a dog to be unleashed:

1. April 1 until the third Saturday in August; or

2. At other times of the year, except on a Tuesday, Thursday, Saturday, Sunday, or during an authorized field trial.]

(6)[(7)] Clay Wildlife Management Area. The area shall be closed for four (4) consecutive days beginning on the first Friday in December to all hunting except archery deer hunting and the pheasant quota hunt specified in Section 4 of this administrative regulation.

      (a) Northern bobwhite[Quail] and rabbit: closed after December 31.

      (b) Grouse: October 1 through December 31.

      (c) Pheasant: beginning on the Tuesday following the pheasant quota hunt through December 31, pheasant shall be a legal game species and may be taken on this area with a valid Kentucky hunting license. The daily limit shall be three (3) birds of either sex per hunter.

      (d) Quota fox hunting field trials:

      1. There shall be a maximum of two (2) four (4) day events per calendar year.

      2. Participants shall be limited to 250 per event.

      3. The area shall be closed to nonparticipants.

      4. Participants shall wear laminated identification badges issued by the department during the event and return the laminated badges at the close of the event to department personnel.

(7)[(8)] Curtis Gates Lloyd/Mullins Wildlife and Recreation Area.

      (a) Northern bobwhite[Quail] and rabbit: closed after December 31.

      (b) A person shall not allow a dog to be unleashed from April 1 until the third Saturday in August except while squirrel hunting.

(8)[(9)] [Daviess County Wildlife Management Area. Closed to hunting for small game and furbearers.

(10)] Dix River Wildlife Management Area:

      (a) Squirrel: statewide.

      (b) Northern bobwhite[Quail] and rabbit: November 1 through December 31.

      (c) Grouse: October 1 through December 31.

(9)[(10)][(d) Furbearers: statewide.

(11)] Fleming Wildlife Management Area.

      (a) Northern bobwhite[Quail] and rabbit: closed after December 31.

      (b) Grouse: October 1 through December 31.

(10)[(11)][(12)] Green River Lake Wildlife Management Area. The area shall be closed for four (4) consecutive days beginning on the third Friday in November to all hunting except archery deer hunting and the pheasant quota hunt specified in Section 4.

      (a) Northern bobwhite[Quail] and rabbit: closed after December 31.

      (b) Grouse: closed to hunting and trapping.

      (c) Pheasants: beginning on the Tuesday following the pheasant quota hunt through December 31, pheasant shall be a legal game species and may be taken on this area with a valid Kentucky hunting license. The daily limit shall be three (3) birds of either sex per hunter.

(11)[(12)][(13)] Higginson-Henry Wildlife Management Area. Northern bobwhite[Quail] and rabbit: closed after December 31.

(12)[(13)][(14)] Kleber Wildlife Management Area. Northern bobwhite[Quail] and rabbit: closed after December 31.

(13)[(14)][(15)] Lake Cumberland Wildlife Management Area.

      (a) Grouse: October 1 through December 31.

      (b) Northern bobwhite[Quail] and rabbit: closed after December 31.

(14)[(15)][(16)] Mill Creek Wildlife Management Area[, including private inholdings].

[(a)] Northern bobwhite[Quail] and rabbit: closed after December 31.

(15)[(16)] Miller-Welch Central Kentucky Wildlife Management Area.

(a) Closed to small game and furbearer hunting except squirrels.

(b) A person shall not allow a dog to be unleashed:

1. April 1 until the third Sunday in August; or

2. At other times of the year, except on a Tuesday, Thursday, Saturday, Sunday, when hunting squirrels, or during an authorized field trial.

      [(b) Furbearer: December 5 through December 31.]

(16)[(17)] Nolin Lake Wildlife Management Area. Northern bobwhite[Quail] and rabbit: closed after December 31.

(17)[(18)] Paul Van Booven Wildlife Management Area.

(a) Closed to vehicle access from an hour after sunset until an hour before sunrise.

(b) Closed to Northern bobwhite hunting.[Peal Wildlife Management Area.

(a) Furbearer hunting: twenty (20) day season beginning the day after the modern gun deer season.

(b) Furbearer trapping: December 1 through 10, water sets only.

(c) Quail and rabbit: closed after December 31.]

(18)[(19)] Pennyrile Forest Wildlife Management Area. Grouse: December 1 through December 31; daily limit, two (2).

(19)[(20)] Pioneer Weapons Wildlife Management Area. A person shall not:

      (a) Hunt with a breech-loading firearm; or[.]

      (b) Except as authorized by the department, carry a breech-loading firearm with ammunition in the chamber or magazine[; or

(c) Hunt small game with shot larger than number two (#2)].

(20)[(21)] Robinson Forest Wildlife Management Area.

(a) Hunting is not permitted on the Main Block[under the requirements of 301 KAR 4:200].

(b) The remainder of the WMA shall be open under statewide requirements.

(21)[(22)] Taylorsville Lake Wildlife Management Area.

      (a) The area east of Van Buren Boat Ramp shall be closed to public access from November 1 through the last day of February.

      (b) Northern bobwhite[Quail] and rabbit: closed after December 31.

(22)[(23)] [Pennyrile]Tradewater Wildlife Management Area. Grouse: December 1 through December 31; daily limit, two (2).

(23)[(24)] West Kentucky Wildlife Management Area, McCracken County.

      (a) A person shall not hunt on a tract designated by numbers followed by the letter "A".

      (b) Northern bobwhite[Quail] and rabbit:

      1. Tracts 2, 3, 6 and 7: closed after December 31.

      2. Tracts 1, 4 and 5: From one-half (1/2) hour before sunrise until 1 p.m., local time, January 1 through 10, unless maximum acceptable harvest levels have been reached prior to January 10 as determined from hunter use data. A hunter shall report daily to the area supervisor all hours hunted.

      3. If a tract is closed before January 10, a sign announcing closure shall be posted at the hunter check station at least twenty-four (24) hours prior to the closure.

      (c) A person shall not:

      1. Use a rifle or ball or slug ammunition;

      2. Allow an unleashed dog except while squirrel hunting; or

      3. Operate a vehicle on Tract 6 from February 1 through April 16.

(24)[(25)] [Westvaco Public Hunting Areas. A person hunting on a Westvaco Public Hunting Area shall possess a valid Westvaco Hunting Permit.

(26)] Yellowbank Wildlife Management Area. Northern bobwhite[Quail] and rabbit: closed after December 31.

      Section 4. Pheasant Quota Hunts. (1) There shall be a pheasant quota hunt on the Green River Wildlife Management Area for three (3) consecutive days beginning the third Friday in November, and Clay Wildlife Management Area for three (3) consecutive days beginning the first Friday in December. There shall be a one (1) day clean-up hunt immediately following each of the hunts for pheasant quota hunters drawn for that particular Wildlife Management Area.

      (2) Hunt hours for each day shall be from 9 a.m. to 4 p.m.

      (3) During the quota hunts or clean-up hunts, a person shall wear hunter orange as specified in 301 KAR 2:172.

      (4) The daily bag limit per hunter [for each day] shall be two (2) birds of either sex, except for the clean-up hunt and subsequent days open to pheasant hunting when the daily bag limit shall be three (3) birds of either sex.

      (5) Pheasant quota hunt procedures.

      (a) A person selected for a pheasant quota hunt may hunt on the one (1) day clean-up hunt for that area.

      (b) A person shall apply for a quota hunt drawing through an automated telephone system by calling the number published in the current department Fall Hunting and Trapping Guide from a touch-tone telephone between September 1 and September 30 and shall:

      1. Provide his or her Social Security number;

      2. Indicate his or her choice of hunt days; and

      3. Pay a three (3) dollar nonrefundable application fee for each application by:

      a. Check;

      b. Money order;

      c. Visa; or

      d. MasterCard.

      (c) A single applicant may request a number of slots, up to five (5), to be a group for which he or she would like to apply. The applicant shall provide [his or her and] each party member's Social Security number and a total application fee for each person in the party.

      (d) Persons who have not yet reached their 16th birthday by the date of the hunt shall apply as part of a party that includes at least one (1) adult.

      (e) A person shall not apply more than one (1) time for each hunt and shall not be drawn for more than one (1) hunt.

      (f) The department shall select hunters by a random drawing of all applicants.

      (g) The successful applicant shall pay to the department by October 30, the fee, specified by 301 KAR 3:022,[a twenty-five (25) dollar per hunter, per day, fee] by one (1) of the following methods:

      1. A check or money order with the confirmation number, Social Security number and hunts that are being paid for, written on the check or enclosed with the money order;

      2. Web payment due when the applicant checks drawing results; or

      3. If a group is successfully drawn, a single payment as specified in subparagraphs 1 and 2 of this paragraph, providing data for the entire group.

      (h) Upon receipt of the check or money order, the department shall issue the appropriate pheasant quota hunt permits.

      (i) A person participating in a quota hunt shall show:

      1. A department-issued pheasant quota hunt permit;

      2. A[His or her] valid Kentucky hunting license or proof of exemption[, combination or senior/disabled license, except a person on military furlough for more than three (3) days may show his military identification instead of a license]; and

      3. A[His or her] hunter education card, if required.

      (j) 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.

(k) A person shall[must] comply with all quota hunt requirements or be ineligible to apply for any quota hunt the following year except for the elk quota hunt.

Section 5. Northern Bobwhite and Rabbit Quota Hunts. (1) There shall be Northern bobwhite and rabbit quota hunts on a tract of the Peabody Wildlife Management Area.

(2) The commissioner shall[will] set the number of quota hunts and dates annually.

(3) Hunt hours for each day shall be from one-half (1/2) hour before sunrise to two (2) p.m.

(4) During the quota hunts, a person shall wear hunter orange as specified in 301 KAR 2:172.

(5) The daily bag limit per hunter shall be four (4) Northern bobwhite during Northern bobwhite quota hunts and four (4) rabbits during rabbit quota hunts.

(6) Quota hunt procedures.

(a) A person selected for a quota hunt may only hunt the species identified on the permit.

(b) A person shall apply for a quota hunt drawing through an automated telephone system by calling the number published in the current department Fall Hunting and Trapping Guide from a touch-tone telephone between September 1 and September 30 and shall:

1. Provide his or her Social Security number;

2. Indicate his or her choice of hunt days; and

3. Pay a three (3) dollar nonrefundable application fee for each application by:

a. Check;

b. Money order;

c. Visa; or

d. MasterCard.

(c) A single applicant may request a number of slots, up to three (3), to be a group for which he or she would like to apply. The applicant shall provide each party member's Social Security number and a total application fee for each person in the party.

(d) A person who has not yet reached his or her[Persons who have not yet reached their] 16th birthday by the date of the hunt shall apply as part of a party that includes at least one (1) adult.

(e) A person shall not apply more than one (1) time for a Northern bobwhite or rabbit quota hunt and shall not be drawn for more than one (1) Northern bobwhite or rabbit quota hunt.

(f) The department shall select hunters by a random drawing of all applicants.

(g) A person participating in a quota hunt shall show:

1. A department-issued quota hunt permit;

2. A valid Kentucky hunting license or proof of exemption; and

3. A hunter education card, if required.

(h) A party participating in the quota shall[must] submit a hunting log within seven (7) days after the hunt.

(i) 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.

(j) Quota hunts identified as mentor shall[must] have a minimum of one (1) youth as a member of the party.

(k) A person shall[must] comply with all quota hunt requirements or be ineligible to apply for any quota hunt the following year except for the elk quota hunt.

MARK S. CRAMER, Deputy Commissioner

      For Dr. JONATHAN GASSETT, Commissioner

MARCHETTA SPARROW, Secretary

      APPROVED BY AGENCY: March 7, 2008

      FILED WITH LRC: April 2, 2008 at 3 p.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.