COMMERCE CABINET

Kentucky Department of Fish and Wildlife Resources

(As Amended at ARRS, June 10, 2008)

 

      301 KAR 2:172. Deer hunting seasons, zones, and requirements.

 

      RELATES TO: KRS 150.010, 150.177 [150.170, 150.175], 150.180, [150.340, 150.360, 150.370,] 150.390, [150.395,] 150.990

      STATUTORY AUTHORITY: KRS 150.025, 150.170, 150.175[(1)]

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 grants the department authority to establish hunting seasons, bag limits, methods of taking and other matters necessary to carry out the purpose of KRS Chapter 150. KRS 150.170 exempts landowners, servicemen, and other groups from hunting license and permit requirements. KRS 150.175 defines the kinds of licenses and permits to be issued by the department. This administrative regulation establishes deer hunting seasons and zones, defines[prescribes] legal methods of taking and establishes [tagging and] checking and recording requirements for deer hunting.

 

      Section 1. Definitions. (1) "Adult" means a person[an individual] who is at least eighteen (18) years of age.

      (2) "Antlered deer" means a deer with a visible antler protruding above the hairline.

      (3) "Antlerless deer" means a deer with no visible antler protruding above the hairline, including female deer and male fawns (button bucks).

      (4) "Archery equipment" means a long bow, recurve bow or compound bow incapable of holding an arrow at full or partial draw without aid from the archer.

      (5) "Arrow" means the projectile fired from a bow or crossbow.

      (6) "Barbed broadhead" means a point or portion of a blade projecting backward from a broadhead designed to hold an arrow within an animal.

      (7) "Bonus antlerless permit" means a permit which, in conjunction with appropriate licenses and permits, seasons and methods, allows the holder to take two (2) additional antlerless deer.

      (8) "Crossbow" means a bow designed or fitted with a device to hold an arrow at full or partial draw without aid from the archer.

      (9) "Deer" means a member of the species Odocoileus virginianus.

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

      (11)] "Firearm" means a breech or muzzle-loading rifle, shotgun or handgun.

      (11)[(12)] "Fully-automatic firearm" means a firearm which fires more than one (1) time with a single pull of the trigger.

      (12)[(13)] "License year" means the period from March 1 through the following last day of February.

      (13)[(14)] "Modern gun" means a rifle, handgun or shotgun which is loaded from the rear of the barrel.

      (14)[(15)] "Muzzle-loading gun" means a rifle, shotgun or handgun which is loaded from the discharging end of the barrel or discharging end of the cylinder.

      (15)[(16)] "Shotshell" means ammunition containing more than one (1) projectile.

      (16)[(17)] "Statewide deer permit" means a permit, which, in conjunction with appropriate licenses, seasons, and methods, allows the holder to take one (1) either-sex deer and one (1) antlerless[-only] deer.

      (17) "Statewide deer requirements" means the season dates, zone descriptions, bag limits, and other requirements and restrictions for deer hunting set forth in this administrative regulation.

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

      (19) "Zone" means an area consisting of counties designated by the department within which deer hunting season dates and limits are set for the management and conservation of deer in Kentucky.

 

      Section 2. License and Deer Permit Requirements. (1) Unless exempted by KRS 150.170, a person [hunting deer] shall carry[have] proof of purchase of a valid Kentucky hunting license and valid deer permit while hunting.

      (2) In lieu of a statewide deer permit, a person possessing a valid junior statewide hunting license may use no more than two (2) junior deer hunting permits.

      (3) [Unless exempted by KRS 150.170, a person hunting wild hogs or coyotes during a season or Wildlife Management Area hunt where a firearm is allowed for deer hunting, shall have proof of purchase of a valid Kentucky hunting license and valid deer permit.

      (4)] A person whose name does not appear on a license or permit shall not use that license or permit to harvest deer.

      (4)[(5) Unless exempted by KRS 150.170,] Bonus antlerless permits shall not be valid unless accompanied by a valid Kentucky hunting license and statewide deer permit.

 

      Section 3. Hunter Restrictions. (1) A deer hunter:

      (a) Shall not take deer except during daylight hours;

      (b) Shall not use dogs, except he or she may use leashed tracking dogs to recover wounded deer;

      (c) Shall not take swimming deer; and

      (d) Shall not take deer from a vehicle, boat, or while on horseback, except that a hunter in possession of a disabled hunting exemption permit issued by the department may use a stationary vehicle as a hunting platform.

      (e) Shall not possess or use a decoy or call powered by electricity from any source.

      (2) A deer hunter shall not take a deer with any device except a firearm, crossbow, or archery equipment.

      (3) A deer hunter shall not use or possess while deer hunting:

      (a) Rimfire ammunition;

      (b) A fully-automatic firearm;

      (c) A firearm with a magazine capacity greater than ten (10) rounds;

      (d) Full metal jacketed ammunition;

      (e) Tracer bullet ammunition;

      (f) A shotshell containing larger than number two (2) size shot;

      (g) A broadhead smaller than seven-eighths (7/8) inch wide;

      (h) A barbed broadhead;

      (i) A crossbow without a working safety device;

      (j) A chemically-treated arrow; or

      (k) An arrow with a chemical attachment[; or

      (l) An electronic call or electronic decoy].

      (4) Persons hunting deer shall not carry a firearm, except when a firearms deer season is open.

 

      Section 4. Hunter Orange Clothing Requirements. (1) During the modern gun deer season, muzzle-loader season or the youth firearm season, a person hunting any species during daylight hours [except waterfowl], and any person accompanying a hunter, shall display solid, unbroken hunter orange visible from all sides on the head, back and chest except when hunting waterfowl.

      (2) During the elk firearms seasons[firearm season], a person hunting any species [except waterfowl], and any person accompanying a hunter within the sixteen (16) county elk zone, shall display solid, unbroken hunter orange visible from all sides on the head, back, and chest except when hunting waterfowl.

      (3)[These requirements shall not apply to a person:

      (a) Hunting waterfowl; or

      (b) Hunting at night.

      (4)] The hunter orange portions of a garment worn to fulfill the requirements of this section:

      (a) May display a small section of another color; and

      (b) Shall not have mesh weave openings exceeding one-fourth (1/4) inch by any measurement.

      (4)[(5)] A camouflage pattern hunter orange garment worn without additional solid hunter orange on the head, back and chest shall not meet the requirements of this section.

 

      Section 5. Statewide Season Dates. (1) A deer hunter may use archery equipment statewide from the first Saturday in September through the third Monday in January.

      (2) A deer hunter may take deer with a modern firearm statewide beginning the second Saturday in November:

      (a) For sixteen (16) consecutive days in Zones 1 and 2; and

      (b) For ten (10) consecutive days in Zones 3 and 4.

      (3) A deer hunter may use a muzzle-loading gun statewide:

      (a) For two (2) consecutive days beginning the third Saturday in October;

      (b) For nine (9) consecutive days beginning the second Saturday in December; and

      (c) During any season when a modern gun may be used to take deer.

      (4) A deer hunter may use a crossbow statewide:

      (a) From October 1 through the end of the third full weekend in October;

      (b) From the second Saturday in November through December 31; and

      (c) During any season when a firearm may be used to take deer.

      (5) Youth firearms season. For two (2) consecutive days beginning on the second Saturday in October, a youth may take antlered or antlerless deer with a firearm.

      (6) Free youth weekend. For two (2) consecutive days beginning on the Saturday after Christmas, a youth may hunt deer without a hunting license or deer permit and may take deer with archery equipment, firearms, or crossbows. Statewide bag limits and harvest-reporting requirements shall apply.

 

      Section 6. Zones. (1) Zone 1 shall consist of Anderson, Ballard, Boone, Bracken, Bullitt, Calloway, Campbell, Carlisle, Carroll, Christian, Crittenden, Franklin, Fulton, Gallatin, Grant, Graves, Hardin, Harrison, Hart, Henry, Hickman, Jefferson, Kenton, Livingston, Lyon, [Marion,] Marshall, McCracken, Nelson, Oldham, Owen, Pendleton, Robertson, Scott, Shelby, Spencer, [Taylor,] Trigg, Trimble, Washington, and Woodford Counties.

      (2) Zone 2 shall consist of Adair, Allen, Barren, Bourbon, Boyd, [Boyle,] Breckinridge, Butler, Caldwell, Carter, [Casey,] Cumberland, Daviess, Edmonson, Fayette, Fleming, [Grayson,] Green, Greenup, Hancock, [Hart,] Henderson, Hopkins, Jessamine, Larue, Lawrence, Lewis, Logan, Marion, Mason, McLean, Meade, Mercer, Metcalfe, Monroe, Muhlenberg, Nicholas, Ohio, Rowan, Simpson, Taylor, Todd, Union, Warren, and Webster Counties.

      (3) Zone 3 shall consist of Bath, Boyle, Casey, Clark, Clinton, Elliott, Estill, Garrard, Grayson, Johnson, Knox, Laurel, Lee, Lincoln, Madison, Menifee, Montgomery, Morgan, Powell, Russell, Whitley, and Wolfe Counties.

      (4) Zone 4 shall consist of Bell, Breathitt, Clay, Floyd, Harlan, Jackson, Knott, Leslie, Letcher, Magoffin, Martin, McCreary, Owsley, Perry, Pike, Pulaski, Rockcastle, and Wayne Counties.

 

      Section 7. Season and Zone Limits. (1) Except as provided in 301 KAR 2:111, 301 KAR 2:176, [and] 301 KAR 2:178, and 301 KAR 3:100, in a license year, a person shall not take more than:

      (a) One (1) antlered deer; and

      (b) The number of antlerless deer permitted in the zones specified in subsections (2), (3), (4), and (5)[(2) and (3)] of this section provided that the person has purchased the appropriate bonus antlerless permits.[; or

      (c) The total number of deer permitted in the zones specified in subsections (2) and (3) of this section.]

      (2) In zone 1, a person may take an unlimited number of antlerless deer[, provided that the person has purchased the appropriate bonus antlerless permits].

      (3) In zone 2[zones 2, 3 and 4,] a person may take a total number of four (4) deer[, provided that the person has purchased the appropriate bonus antlerless permits].

      (4) In zone 3, a person may take:

      (a) A total of four (4) deer; and

      (b) Only two (2) deer with a firearm.

      (5) In zone 4, a person may take:

      (a) A total of four (4) deer;

      (b) Only two (2) deer with a firearm; and

      (c) Antlered deer only with a firearm during:

      1. Modern firearms season;

      2. Early muzzleloader season; or

      3. The first six (6) days of the late muzzleloader season.[Legal weapons. A person shall take deer only with the weapons specified for each zone below:

      (a) Zones 1 and 2. Deer may be taken with any weapon;

      (b) Zone 3. Only two (2) deer may be taken with a firearm; and

      (c) Zone 4.

      1. Only two (2) deer may be taken with a firearm; and

      2. Antlerless deer shall not be legal during the modern firearm season or the early muzzleloader season.]

 

      Section 8. Supervision of Youth Firearms Deer Hunters. (1) An adult shall:

      (a) Accompany a person under sixteen (16) years old; and

      (b) Remain in a position to take immediate control of the youth's firearm.

      (2) An adult accompanying a youth hunter shall not be required to possess a hunting license or deer permit if the adult is not hunting.

      (3) An adult accompanying a youth during the youth firearm season shall not carry a firearm.

 

      Section 9. Harvest Recording. Immediately after taking a deer, a person shall:

      (1) Record, in writing, the species, date taken, county where taken, and sex of the deer before moving the carcass from the site where taken. This information shall be logged and registered on one (1) of the following:

      (a) Hunter’s log section on the reverse side of a license or permit;

      (b) Hunter's log produced in a hunting guide;

      (c) Hunter’s log printed from the Internet;

      (d) Hunter’s log available from any KDSS agent; or

      (e) An index card or reasonable facsimile thereof; and

      (2) Retain the completed hunter’s log in his or her possession whenever the hunter is in the field during the current season.

 

      Section 10. Checking a Deer. (1) A person shall check a harvested deer by:

      (a) Calling the toll free number, (877) 598-2401, [listed in the current Kentucky Hunting and Trapping Guide] before midnight [fall hunting and trapping guide] on the day the deer is recovered [harvested] prior to processing or removing the hide or head from the carcass;

      (b) Providing the information requested by the automated check-in system; and

      (c) Writing the confirmation number given by the system on the hunter's log described in Section 9 of this administrative regulation.

      (2)(a) If a harvested deer leaves the possession of a hunter, the hunter shall attach a hand-made tag to the carcass.

      (b) The hand-made tag shall contain the following information:

      1. The confirmation number;

      2. The hunter's name; and

      3. The hunter's telephone number. [If a harvested deer leaves the possession of a hunter, the hunter shall attach a hand-made tag, which contains the confirmation number, hunter’s name, and a phone number, to the carcass.]

      (3) A person shall not knowingly provide false information when completing the hunter’s log, checking a deer, or creating a carcass tag.

 

      Section 11. Transporting and Processing Deer. (1) A person shall:

      (a) Not transport an unchecked deer out of Kentucky;

      (b) Have proof that a deer or parts of deer brought into Kentucky were legally taken;

      (c) [Not submit deer taken outside Kentucky or in violation of any governing statute or administrative regulation for a state or national trophy deer listing; and

      (d)] Not sell deer hides except to a licensed:

      1. Fur buyer;

      2. Fur processor; or

      3. Taxidermist.

      (2) A taxidermist or other individual who commercially butchers deer shall:

      (a) Not accept deer carcasses or any part of a deer without a valid disposal permit issued by the department pursuant to KRS 150.411(3) or a proper carcass tag described in Section 10 of this administrative regulation.

      (b) Keep accurate records of the hunter's name, address, confirmation number, and date received for each deer in his possession, and retain such records for a period of one (1) year.

 

MARK S. CRAMER, Deputy Commissioner

      For DR. JONATHAN GASSET, 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) 564-7109, ext. 441, fax (502) 564-9136.