††††† 301 KAR 2:132. Elk depredation permits, landowner cooperator permits, and quota hunts.

 

††††† RELATES TO: KRS 150.010, 150.170(4), 150.180, 150.990

††††† STATUTORY AUTHORITY: KRS 150.025(1), 150.177, 150.178, 150.390(3)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply to a limited area. KRS 150.177 authorizes the department to issue special commission permits for game species to nonprofit wildlife conservation organizations. KRS 150.178 authorizes the department to issue cooperator permits to landowners who enroll property for public hunting access. KRS 150.390(3) authorizes the department to promulgate administrative regulations establishing the conditions under which depredation permits for elk may be issued. This administrative regulation establishes the requirements for the elk permit drawing and quota hunts, the conditions under which special commission and landowner cooperator permits can be used, procedures for elk damage abatement, and any postseason hunt held after the quota hunts.

 

††††† Section 1. Definitions. (1) "Antlered elk" means an elk having visible polished antler protruding above the hairline.

††††† (2) "Antlerless elk" means an elk without visible polished antler protruding above the hairline.

††††† (3) "At-large north" means any portion of the elk zone not included in a limited entry area and that lies north of US Hwy 15.

††††† (4) "At-large south" means any portion of the elk zone not included in a limited entry area and that lies south of US Hwy 15.

††††† (5) "Bait" means a substance composed of grains, minerals, salt, fruits, vegetables, hay, or any other food materials, whether natural or manufactured, that may lure, entice, or attract wildlife, but does not include the establishment and maintenance of plantings for wildlife, foods found scattered solely as the result of normal agricultural planning or harvesting practices, foods available to wildlife through normal agricultural practices of livestock feeding if the areas are occupied by livestock actively consuming the feed on a daily basis, or standing farm crops under normal agricultural practices.

††††† (6) "Baiting" means to place, deposit, tend, distribute, or scatter bait.

††††† (7) "Electronic decoy" means a motorized decoy powered by electricity, regardless of source.

††††† (8) "Elk" means Cervus elaphus nelsoni.

††††† (9) "Elk Management Unit" or "EMU" means a designated area in the restoration zone with specific management restrictions for a post-season antlerless elk quota hunt.

††††† (10) "Landowner cooperator" means a landowner or lessee who owns or leases at least 5,000 acres of land in the restoration zone and enters an agreement with the department to allow public access and hunting for at least five (5) years.

††††† (11) "Limited Entry Area" or "LEA" means a designated area in the restoration zone with specific management restrictions.

††††† (12) "Out-of-zone" means all counties not included in the restoration zone.

††††† (13) "Restoration zone" means the following Kentucky counties: Bell, Breathitt, Clay, Floyd, Harlan, Johnson, Knott, Knox, Leslie, Letcher, Magoffin, Martin, McCreary, Perry, Pike, and Whitley.

††††† (14) "Spike" means an elk having one (1) or two (2) antler points on each side.

††††† (15) "Youth" means a person under the age of sixteen (16) by the first date of the hunt.

 

††††† Section 2. Elk Damage Control. The department may authorize the removal or destruction of elk that are causing property damage. A person authorized to destroy an elk shall:

††††† (1) Attach a department-issued disposal permit to an elk prior to moving the carcass; and

††††† (2) Not remove the disposal permit until the carcass is processed.

 

††††† Section 3. Elk Quota Hunts. (1) The elk quota hunt application period shall be January 1 to April 30.

††††† (2) An applicant shall:

††††† (a) Complete the elk quota hunt application process on the departmentís Web site at fw.ky.gov; and

††††† (b) Pay a nonrefundable application fee of ten (10) dollars.

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

††††† (4) There shall be a random electronic drawing from each applicant pool.

††††† (5) Youth may enter a separate drawing pool for ten (10) either-sex elk permits that shall be valid for use during all elk seasons:

††††† (a) Anywhere in the at-large north or at-large south portions of the restoration zone; or

††††† (b) Within an LEA if the youth applies for and is drawn for an LEA, pursuant to Section 5(3) of this administrative regulation.

††††† (6) A youth applicant shall not apply for the youth-only elk quota hunt more than once per application period.

††††† (7) An applicant for the youth-only elk quota hunt may also apply for the regular quota hunts as established in subsection (12) of this section.

††††† (8) A youth applicant drawn for the youth-only elk quota hunt shall not be drawn in any other elk quota hunt held during the same calendar year.

††††† (9) A youth drawn for the youth-only elk quota hunt shall be ineligible to be drawn in the youth-only elk quota hunt in subsequent years.

††††† (10) No more than ten (10) percent of all drawn applicants in each quota hunt pool shall be nonresidents.

††††† (11) A quota hunt permit awarded from any department-administered drawing shall not be transferable.

††††† (12) In addition to the youth-only quota hunt, there shall be four (4) separate regular elk quota hunts consisting of:

††††† (a) Antlered archery and crossbow;

††††† (b) Antlered firearms;

††††† (c) Antlerless archery and crossbow; and

††††† (d) Antlerless firearms.

††††† (13) An applicant shall:

††††† (a) Apply only once for an individual elk quota hunt;

††††† (b) Not be eligible to be drawn in more than one (1) of the four (4) quota hunt pools;

††††† (c) Only be selected by a random electronic drawing; and

††††† (d) Pay a nonrefundable application fee of ten (10) dollars for each entry.

††††† (14) A person who is drawn for an antlered elk quota hunt shall be ineligible to be drawn for any antlered elk quota hunt for the following three (3) years.

††††† (15) A person who does not have access to the department's Web site to apply for any quota hunt may contact the department toll free at 1-800-858-1549 for assistance in applying.

 

††††† Section 4. Landowner Cooperator Permits. (1) With the approval of the commission, the commissioner shall issue to a landowner cooperator:

††††† (a) One (1) either-sex permit annually per 5,000 acres of land enrolled with the department in a hunting access agreement for the duration of the agreement;

††††† (b) Two (2) antlerless-only permits annually per 5,000 acres of land enrolled with the department in a hunting access agreement for the duration of the agreement; or

††††† (c) One (1) antlerless-only permit annually per 5,000 acres of land enrolled with the department in an elk hunting access agreement for the duration of the agreement.

††††† (2) A recipient of a landowner cooperator permit shall comply with the season, bag limit, and hunter requirements in Sections 5 and 6 of this administrative regulation.

††††† (3) A landowner cooperator permit shall be transferable, but shall only be used on the land for which the agreement was made.

††††† (a) The permit may be transferred to any person eligible to hunt in Kentucky.

††††† (b) Prior to hunting, the landowner cooperator or person who has received the transferred permit shall provide the department with the hunter's:

††††† 1. Name;

††††† 2. Social Security number;

††††† 3. Address; and

††††† 4. Telephone number.

††††† (c) The permit shall not be transferable after being used for the harvest of one (1) elk.

††††† (4) Public access agreements with the department shall be recorded in writing.

 

††††† Section 5. Hunter Requirements. (1) A person shall carry proof of purchase of a valid Kentucky hunting license and valid elk permit while hunting, unless exempted by KRS 150.170.

††††† (2) The statewide bag limit shall be one (1) elk per hunter per license year.

††††† (3) A drawn hunter may apply to hunt in up to three (3) areas in any combination of limited entry and at-large areas by completing the application process on the departmentís Web site.

††††† (a) Up to five (5) drawn hunters may apply for their LEA choices as a party.

††††† (b) If the party is drawn for the LEA, all hunters in the party shall be assigned to that same LEA.

††††† (c) If the number of slots remaining in the quota is less than the number of hunters in the next party selected, the entire party shall be assigned to the partyís next choice ranking or to an at-large area.

††††† (4) A hunter who does not apply for an LEA or is not drawn for an LEA shall be assigned by the department to either the:

††††† (a) At-large north portion of the elk zone; or

††††† (b) At-large south portion of the elk zone.

††††† (5) A hunter drawn for an LEA may hunt only in the assigned LEA, except that a person who is drawn for any elk quota hunt may hunt on his or her land within the restoration zone.

††††† (6) An elk hunter or any person accompanying an elk hunter shall comply with hunter orange requirements established in 301 KAR 2:172.

††††† (7) An elk hunter shall not:

††††† (a) Take elk except during daylight hours;

††††† (b) Use dogs, except to recover wounded elk using leashed tracking dogs;

††††† (c) Hunt over bait inside the elk restoration zone;

††††† (d) Drive elk from outside the assigned area;

††††† (e) Take an elk while it is swimming;

††††† (f) Use electronic calls or electronic decoys; or

††††† (g) Take an elk if the hunter is in a vehicle, boat, or on horseback, except that a disabled hunter who has a hunting method exemption permit issued pursuant to 301 KAR 3:027 may use a stationary vehicle as a hunting platform.

††††† (8) A person shall:

††††† (a) Obtain a vehicle tag from the department prior to hunting elk in the restoration zone; and

††††† (b) Display the vehicle tag in the windshield of the vehicle while hunting elk.

††††† (9) A youth shall be accompanied by an adult who shall remain in a position to take immediate control of the youthís firearm.

††††† (10) An adult accompanying a youth shall not be required to possess a hunting license or elk permit if the adult is not hunting.

††††† (11) A hunter may use any deer hunting method authorized by 301 KAR 2:172.

††††† (12) A person shall not use the items listed in paragraphs (a) through (f) of this subsection to take an elk:

††††† (a) Any weapon or device prohibited for deer hunting pursuant to 301 KAR 2:172;

††††† (b) A modern firearm less than..270 caliber;

††††† (c) A muzzle-loading firearm less than..50 caliber;

††††† (d) A shotgun less than 20 gauge;

††††† (e) Any arrow without a broadhead point;

††††† (f) A handgun with a barrel length of less than six (6) inches, a bore diameter less than..270 inches (.270 caliber), and when fired, the bullet shall produce at least 550 ft/lbs of energy at 100 yards.

††††† (13) A quota elk hunter shall only take an elk of the type and sex determined by the permit drawn.

††††† (14) A hunter drawn for a firearms elk permit shall hunt elk pursuant to that permit only during the seven (7) day period assigned during the initial drawing.

††††† (15) An individual who receives or is transferred a landowner cooperator permit or a special commission permit may hunt in all of the antlered-only or antlerless-only quota hunts and shall hunt in accordance with the seasons and limits established in Section 6 of this administrative regulation.

††††† (16) A person who is drawn for an archery or crossbow permit or has a landowner or special commission permit may hunt with a crossbow during all archery and crossbow seasons, if at the time of the hunt, the person:

††††† (a) Is a youth;

††††† (b) Is sixty-five (65) years or older; or

††††† (c) Has a crossbow hunting method exemption permit for hunting deer pursuant to 301 KAR 3:027.

 

††††† Section 6. Elk Quota Hunt Seasons and Limits. (1) A person drawn for an antlerless or antlered archery and crossbow permit shall not hunt when an elk firearms season is open.

††††† (2) A person drawn for an antlered archery and crossbow permit shall use:

††††† (a) Archery equipment to take an antlered elk beginning the third Saturday in September through the third Monday in January; and

††††† (b) A crossbow to take an antlered elk:

††††† 1. For two (2) consecutive days beginning the third Saturday in October; and

††††† 2. From the second Saturday in November through December 31.

††††† (3) A person drawn for an antlerless archery and crossbow permit shall use:

††††† (a) Archery equipment to take an antlerless elk beginning the third Saturday in October through the third Monday in January; and

††††† (b) A crossbow to take an antlerless elk:

††††† 1. For two (2) consecutive days beginning the third Saturday in October; and

††††† 2. From the second Saturday in November through December 31.

††††† (4) A person drawn for an antlered firearms permit shall use a modern gun or muzzleloader to take an antlered elk during one (1) of two (2) seven (7) day periods randomly assigned by the department from the:

††††† (a) First Saturday in October for seven (7) consecutive days; or

††††† (b) Second Saturday in October for seven (7) consecutive days.

††††† (5) A person drawn for an antlerless firearms permit shall use a modern gun or muzzleloader to take an antlerless elk during one (1) of two (2) seven (7) periods randomly assigned by the department from the:

††††† (a) Second Saturday in December for seven (7) consecutive days; or

††††† (b) Third Saturday in December for seven (7) consecutive days.

 

††††† Section 7. LEA boundaries. (1) Caney LEA Ė Starting at the Intersection of State Hwy 550 and Kentucky 1697, the boundary proceeds north on State Hwy 550 through Mousie and Betty to the intersection with State Hwy 7 near Lackey. The boundary then goes south on State Hwy 7, past Dema to intersection with State Hwy 899. The boundary then goes south on State Hwy 899, through Pippa Passes to intersection with Kentucky 1697 at Alice Lloyd College. The boundary then goes west on Kentucky 1697 to intersection with State Hwy 550 in Garner, completing the boundary.

††††† (2) Hazard LEA - Starting at the intersection of State Hwy 476 and State Hwy 80, the boundary proceeds east on Hwy 80 to the intersection with State Hwy 3209. The boundary then goes west on Hwy 3209 to the intersection with State Hwy 1087. The boundary then goes east on Hwy 1087 to the intersection with State Hwy 1098 near Yellow Mountain. The boundary then follows Hwy 1098 north and west to the intersection with State Hwy 15 near Quicksand. The boundary then goes south on Hwy 15 to the intersection with State Hwy 476 near Lost Creek. The boundary then goes south on Hwy 476 to the intersection with State Highway 80, completing the boundary.

††††† (3) Straight Creek LEA - Starting at the intersection of State Hwy 66 and State Hwy 221 at Straight Creek, the boundary proceeds east on State Hwy 221 to the intersection with State Hwy 2009. The boundary then proceeds north along State Hwy 2009 to the intersection with US Route 421. The boundary then proceeds north on US Route 421 to the intersection with State Hwy 406 near Stinnett. The boundary then follows State Hwy 406 west to the intersection with State Highway 66. The boundary then follows State Hwy 66 south to the intersection with Hwy 221 to complete the boundary.

 

††††† Section 8. Post-season Quota Hunt on Private Land. (1) A modern firearms quota hunt for antlerless elk and spikes shall take place beginning on the fourth Saturday in January for fourteen (14) consecutive days.

††††† (2) Each hunter shall be randomly drawn from the pool of applicants who:

††††† (a) Were not drawn for the previous elk quota hunts; and

††††† (b) Are residents of counties included, wholly or in part, within an EMU boundary.

††††† (3) A drawn applicant shall comply with the requirements in Section 5 of this administrative regulation except that an applicant may hunt only in the assigned EMU or on land the applicant owns within another EMU.

††††† (4) EMU boundaries shall be:

††††† (a) Knott County EMU - Starting at the intersection of KY Route 777 and KY Route 550 near Porter Junction, the boundary proceeds east along KY Route 777 to the intersection with KY Route 680. The boundary then proceeds east along KY Route 680 to the intersection with KY Route 122 at Minnie. The boundary proceeds south along KY Route 122 to the intersection with KY Route 1498 near Bevinsville. The boundary then continues south on KY Route 1498 to the intersection with KY Route 7. The boundary then proceeds south on KY Route 7 to the intersection with KY Route 1410. The boundary then proceeds west on KY Route 1410 to the intersection with KY Route 160. The boundary then proceeds north on KY Route 160 to the intersection with KY Route 550 in Hindman. The boundary then proceeds north on KY Route 550 to the intersection with KY Route 7, with which KY Route 550 merges and both continue north, to the intersection with KY Route 777 near Porter Junction, thus completing the boundary.

††††† (b) Stoney Fork EMU - Starting at the intersection of State Hwy 2058 and U.S. Hwy 421 near Helton, the boundary then proceeds south along U.S. Hwy 421 to the intersection of U.S. Hwy 421 and U.S. Hwy 119 near Harlan, then west along U.S. Hwy 119 to the intersection of U.S. Hwy 119 and U.S. Hwy 25E. The boundary then goes north following U.S. Hwy 25E to the intersection with State Hwy 66, then north on State Hwy 66 to the intersection of State Hwys 66 and 1850, then east along State Hwy 1850 to the intersection of State Hwys 1850 and 1780 at Warbranch. The boundary then proceeds south on State Hwy 1780 to its intersection with State Hwy 2058 near Spruce Pine, then east on State Hwy 2058 back to U.S. Hwy 421 at Helton, thus completing the boundary.

††††† (5) Any public hunting area within an EMU shall be closed to elk hunting during this season.

 

††††† Section 9. Tagging and Checking Requirements. (1) Immediately after taking an elk and prior to removing the hide or head from the carcass, a hunter shall:

††††† (a) Record on a hunter's log the following information:

††††† 1. The species harvested;

††††† 2. The sex of the animal;

††††† 3. Date of harvest; and

††††† 4. County of harvest; and

††††† (b) Check the harvested elk by:

††††† 1. Calling (800) 245-4263 and providing the requested information; or

††††† 2. Completing the online check-in process at fw.ky.gov.

††††† (2) If a harvested elk leaves the possession of the hunter, the hunter shall attach to the carcass a hand-made tag that contains the hunterís:

††††† (a) Confirmation number;

††††† (b) Name; and

††††† (c) Telephone number.

††††† (3) A person shall not provide false information in:

††††† (a) Completing the hunterís log;

††††† (b) Checking an elk; or

††††† (c) Creating a carcass tag.

 

††††† Section 10. Elk Hunting on Public Land. (1) A person drawn for an elk quota hunt or the recipient of a special commission permit may hunt on the areas listed in paragraphs (a) through (f) of this subsection within the restoration zone pursuant to the conditions of the permit received:

††††† (a) Wildlife Management Areas;

††††† (b) Hunter Access Areas;

††††† (c) State forests;

††††† (d) Big South Fork National River and Recreation Area;

††††† (e) Daniel Boone National Forest; or

††††† (f) Jefferson National Forest.

††††† (2) Portions of Paintsville Lake WMA that lie out of the restoration zone are subject to the requirements established in Section 11 of this administrative regulation.

††††† (3) Elk hunting shall not be allowed on public areas during quota deer hunts listed in 301 KAR 2:178.

††††† (4) Paul Van Booven WMA.

††††† (a) The archery and crossbow seasons shall be open as established in Section 6 of this administrative regulation.

††††† (b) A firearm shall not be used to hunt elk.

††††† (5) A person shall not mimic the sound of an elk on public land open to elk hunting from September 1 until the opening of the elk archery season.

 

††††† Section 11. Out-of-zone Elk Hunting. (1) The methods for taking deer and the deer seasons established in 301 KAR 2:172 shall apply to a person taking elk outside of the restoration zone, except that a hunter shall not use any of the items listed in paragraphs (a) through (f) of this subsection to take elk:

††††† (a) Any weapon or device prohibited for deer hunting pursuant to 301 KAR 2:172;

††††† (b) A modern firearm less than..270 caliber;

††††† (c) A muzzle-loading firearm less than..50 caliber;

††††† (d) A shotgun less than twenty (20) gauge;

††††† (e) Any arrow without a broadhead point; or

††††† (f) A handgun:

††††† 1. With a barrel length of less than six (6) inches;

††††† 2. With a bore diameter of less than..270 caliber; and

††††† 3. That produces less than 550 foot-pounds of energy at 100 yards.

††††† (2) Unless exempted by KRS 150.170, a person who is hunting out-of-zone elk shall possess:

††††† (a) A valid Kentucky hunting license; and

††††† (b) An out-of-zone elk permit.

††††† (3) A person may take an elk of either sex, which shall not count toward the person's deer bag limit.

††††† (4) Any elk harvested out-of-zone shall be telechecked pursuant to Section 9 of this administrative regulation.

 

††††† Section 12. A person who takes possession of any elk antler that has the skull or skull plate attached to it shall contact the departmentís Law Enforcement Division within twenty-four (24) hours to obtain a disposal permit.

 

††††† Section 13. A person who is the recipient of a valid elk quota hunt permit, landowner cooperator permit, or special commission permit may defer use of the permit to the following year if:

††††† (1) There is a death of the permit holderís:

††††† (a) Spouse;

††††† (b) Child; or

††††† (c) Legal guardian, if the permit holder is under eighteen (18) years old; and

††††† (2) The permit holder provides to the department a death certificate and one (1) of the following documents prior to May 1 of the year following the hunting season:

††††† (a) A marriage certificate;

††††† (b) A birth certificate; or

††††† (c) An affidavit of paternity or maternity. (25 Ky.R. 2034; Am. 2366; eff. 4-14-1999; 27 Ky.R. 3140; 28 Ky.R. 73; eff. 7-16-2001; 2501; 2330; eff. 5-16-2002; 29 Ky.R. 1677; eff. 2-16-2003; 30 Ky.R. 2555; 31 Ky.R. 341; eff. 8-26-2004; 31 Ky.R. 341; 830; 1075; eff. 1-4-2005; 31 Ky.R. 341; 830; 1075; 1538; 1786; eff. 5-26-2005; 32 Ky.R. 2095; 33 Ky.R. 92; eff. 7-12-2006; 343; 792; 1700; eff. 11-2-2008; 35 Ky.R. 343; 792; 1700; 1872; 2007; eff. 4-3-09; 35 Ky.R. 2799; eff. 8-28-2009; 36 Ky.R. 2076-A; 2335; 37 Ky.R. 41; eff. 8-4-2010; 37 Ky.R. 41; 2061; eff. 5-6-2011; 39 Ky.R. 1764; 2014; eff. 5-3-2013; 40 Ky.R. 407; 797; eff. 10-3-2013; 40 Ky.R. 2349; 2689; eff. 7-7-2014.)