TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 2:176. Deer control tags and destruction permits.
RELATES TO: KRS 150.010,[150.105,] 150.170,
150.175, [150.340,] 150.360, 150.390,[150.395,] 150.990
STATUTORY AUTHORITY: KRS 150.025, 150.105
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.105
allows the commissioner to authorize the destruction of wildlife[that is]
causing damage. KRS 150.025 authorizes the department to promulgate
administrative regulations for taking wildlife.[regulating the taking
of wildlife.] This administrative regulation establishes the procedures
under which deer may be taken to alleviate localized agricultural and wildlife
habitat damage until it is appropriate to apply deer herd stabilization or
reduction measures on a county-wide basis through regular hunting seasons. It
also establishes the requirements and procedures for taking deer outside the
statewide seasons. EO 2008-516, effective June 16, 2008, reorganizes and
renames the Commerce Cabinet as the Tourism, Arts, and Heritage Cabinet.
Section 1. Definitions. (1) "Damage to wildlife habitat" means:
(a) The existence of a browse line caused by deer; or
(b) Damage to more than thirty-five (35) percent of native plant species preferred by deer.
(2) "Deer control tag" means a tag issued by the department which authorizes a hunter to take antlerless deer during an open deer season pursuant to 301 KAR 2:172.
(3) "Deer destruction permit" means written
authorization from the department[, pursuant to KRS 150.105,] to take
deer outside the [regular]hunting season framework set forth in 301
KAR 2:172.
(4) "Deer food plot" means a crop or cultivated plants grown to attract and feed deer.
(5) "Department representative" means a department employee who is qualified and authorized by the commissioner to assess deer damage.
(6) "Landowner" means the person who has title to a particular property.
Section 2. Qualifying for Deer Control Tags. (1) A landowner with fewer than 1,000 contiguous acres shall qualify for deer control tags if:
(a) Deer hunting occurred[He has permitted
deer hunting] on the property during the previous deer season;
(b) Standard deterrent measures recommended by a department representative have proven ineffective or are impractical; and
(c) A department representative certifies deer damage to crops, gardens, property or wildlife habitat.
(2) A landowner with 1,000 contiguous acres or more
shall qualify for deer control tags[without evidence of damage] if:
(a) Deer hunting occurred[He has permitted
deer hunting] on the property during the previous deer season;
(b) If[According to the judgement of the
department representative, regular] deer seasons and bag limits as set
forth in 301 KAR 2:172 are determined by a department representative to
be inadequate to control deer populations on the property; and
(c) The landowner agrees to:
1. Follow the deer management practices recommended by
the department[representative]; and
2. Supply the department with weight, age and
condition data of[on] deer taken from the[his]
property.
(3) A department representative shall make an on-site inspection of each property for which a request for deer control tags has been made, unless the property:
(a) Has been previously inspected by the department and the landowner affirms that deer damage still exists; or
(b) Is immediately adjacent to property assessed by a department representative as having severe deer damage.
(4) A landowner whose property is immediately adjacent
to property assessed by a department representative as having severe deer
damage may[shall] be issued damage control tags upon request of
the landowner[, even if there is no evidence of deer damage on his or her
property].
(5) The department shall not issue deer control tags to a landowner whose only damage is to a deer food plot.
Section 3. Applying for Deer Control Tags. (1) A landowner wishing to apply for deer control tags shall contact the department through:
(a) A conservation officer;
(b) The private lands[appropriate district
wildlife] biologist for the county in which the property is located.[;
or
(c) The Division of Wildlife in Frankfort.]
(2) If required by Section 2 of this administrative regulation, a department representative shall visit the property and assess the nature and extent of deer damage.
(3) A request for an assessment shall be made on or
before September 30 to be eligible for current year deer[damage]
control tags.
(4) A request for an assessment made after September 30 shall be considered for the following year.
Section 4. Number of Tags Issued. (1) The department shall determine the number of deer control tags to be issued for each landholding based on the recommendation of the department representative.
(2) Except as provided in Section 2(2) or (4) of this administrative regulation, the department shall not issue a deer control tag if:
(a) The county deer season is adequate to achieve the desired reduction in deer numbers; or
(b) Crop or environmental damage is not present.
Section 5. Transfer of Deer Control Tags. (1) Deer control tags shall be issued in the landowner’s name.
(2) A landowner:
(a) May transfer a deer control tag to another person;
(b) Shall not issue more than five (5) deer control tags to an individual;
(c) Shall require hunters to sign a deer control tag
at the time of transfer[; and
(d) Shall return unissued tags to the department
before January 25].
Section 6. Use of Deer Control Tags. (1) A deer control tag shall not be valid except on the landholding for which it was issued.
(2) A deer control tag shall expire after the license year for which it was issued.
(3) A person using a deer control tag:
(a) Shall have in[his] possession:
1. A valid deer control tag [with his
signature]; and
2. A valid hunting license and[the receipt portion
of a] current deer permit, unless exempt from license or permit
requirements pursuant to[by] KRS 150.170;
(b) May use deer control tags during archery, crossbow, and gun or muzzle-loader seasons to take antlerless deer;
(c) Shall not take more than five (5) deer per license year with deer control tags; and
(d) Shall abide by the provisions of 301 KAR 2:172,
except that [he shall]:
1. Antlered deer shall not be taken; and[Not
take antlered deer;]
2. The control tag must remain attached to the
carcass until final processing or disposal.[Tag deer with the deer
control tag rather than the carcass tag portion of the deer permit.]
(4) Deer taken with a deer control tag shall not count toward the annual limit as specified in 301 KAR 2:172.
Section 7. Deer Destruction Permits. (1) The department may issue a deer destruction permit:
(a) To a person authorized by the commissioner to remove deer that are or may become a public safety or environmental threat or that have entered a permitted captive cervid facility;
(b) To a landowner:
1. Who continues to experience damage after being issued deer control tags; or
2. Whose property cannot be hunted legally and deer are posing a public safety or environmental threat;
(c) To a captive cervid facility permit holder or applicant:
1. Whose fence meets the fencing and holding requirements in 301 KAR 2:083; and
2. Who has attempted to remove wild deer using non-lethal methods or statewide deer seasons as set forth in 301 KAR 2:172.
[(a) To a landowner:
1. Who continues to experience damage after being
issued deer control tags; or
2. Whose property cannot legally be hunted; and
(b) Where deer are posing a public safety or
environmental threat.]
(2) A deer destruction permit shall specify:
(a) The number and sex of deer to be destroyed;
(b) The method of destruction;
(c) The name of the person who will destroy the deer; and
(d) The dates during which the destruction will take place.
(3) A deer destruction permit shall not be issued without the recommendation of a representative of the department and the approval of the commissioner.
(4) A person destroying deer shall:
(a) Attach a disposal permit[tag]
provided by the department to each carcass;
(b) Not remove the disposal permit[tag]
until the carcass is processed or disposed of; and
(c) If an antlered deer was taken, turn the antlers in to the department.
(5) A deer destruction permit shall not be used except as specified on the permit.
(6) Nothing in this administrative regulation shall prohibit a landowner or tenant from taking action to control deer that are posing a direct and immediate threat to life or property.
Section 8. Denial or Revocation or Deer Control Tags or Destruction Permits and Appeal Procedures. (1) The department may revoke a deer control tag or destruction permit and deny a future tag or permit to a person who:
(a) Fails to comply with the requirements of this administrative regulation;
(b) Is convicted of a violation of 301 KAR 2:083,
2:132, 2:172, or 2:178.[deer administrative regulation violation; or
(c) Otherwise abuses the Deer Control Tag Program.
(2) An appeal of a revocation or a denial of
eligibility shall be submitted:
(a) In writing to the commissioner; and
(b) Within sixty (60) days of the date of the
revocation or denial.
(3) An appeal of the commissioner’s decision shall
be made in writing to the Fish and Wildlife Resources Commission within sixty
(60) days of the commissioner’s decision.
(4) The Fish and Wildlife Resources Commission
shall hear the appeal at its next regularly scheduled meeting.]
(2) An individual whose request for a permit has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B. Approved by the Fish and Wildlife Commission June 13, 2008.
BENJY KINMAN, (Acting) Deputy Commissioner,
For DR. JONATHAN GASSETT, Commissioner
MARCHETA SPARROW, Secretary
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 22, 2008, at 9 a.m. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Sportsman’s Lane, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing five business days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. 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 attend the public hearing, you may submit written comments on the proposed administrative regulation by September 2, 2008. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:
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. 4507, fax (502) 564-9136.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Rose Mack
(1) Provide a brief summary of:
(a) What this administrative regulation does: This administrative regulation establishes the requirements for control and removal of deer causing property damage, posing a public safety threat, or trapped inside an enclosure intended to become a captive cervid facility.
(b) The necessity of this administrative regulation: This administrative regulation is necessary to allow for increased harvest during the season in localized areas and for out-of-season removal of deer where necessary.
(c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 150.025 authorizes the department to promulgate administrative regulations governing taking wildlife. KRS 150.105 allows landowners to remove wildlife causing property damage.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation assists administration of KRS 150.025 by delineation of the timing and methods of taking above the statewide bag limit for deer and outside regular hunting seasons. It assists administration of KRS 150.105 by outlining the manner in which deer may be destroyed or controlled to alleviate damage or threats to safety.
(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: The amendment deletes the requirement to return unused control tags and allows destruction permits to be issued for the removal of wild deer trapped in an enclosure such as a captive cervid facility if other removal methods fail or are impractical.
(b) The necessity of the amendment to this administrative regulation: This amendment is necessary to eliminate the requirement that unused deer control tags be returned to the department and to create a procedure to allow captive facilities to remove wild deer in a timely fashion.
(c) How the amendment conforms to the content of the authorizing statutes: See (1)(c) above.
(d) How the amendment will assist in the effective administration of the statutes: See (1)(d) above.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Anyone experiencing agricultural damage due to deer will be affected by this regulation. Approximately 400 people request control or destruction tags each year. New and expanding captive cervid facilities will also be affected by the added provision for use of destruction permits for wild deer trapped inside an enclosure. Since the department began issuing new captive cervid facility permits in November 2006, 17 new facilities have been constructed.
(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:
(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: Landowners issued deer control tags will no longer have to return unused tags. Applicants for new or expanded captive cervid facilities must attempt non-lethal and/or regular season harvest to remove trapped deer and may request destruction permits if necessary.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The removal of the requirement to return unused tags imposes no cost to landowners. For captive cervid facilities, the cost will vary depending upon the effort required to remove wild deer from an enclosure.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Landowners will no longer have to arrange to return or mail unused control tags to the department. KRS 150.730 requires that all wild cervids be removed from a new or expanded facility before a permit can be issued for operation; this amendment liberalizes the methods for captive cervid permit applicants to remove wild deer before or after statewide seasons.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially: This administrative regulation amendment will result in no initial change in cost to the Kentucky Department of Fish and Wildlife Resources to administer.
(b) On a continuing basis: There will be no additional cost 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 funding source is 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: It will not be necessary to increase any fees or funding to implement this administrative regulation as amended.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No new fees will be established.
(9) TIERING: Is tiering applied? Tiering was not used because all landowners, tenants, or owners of enclosures must follow the same procedures to receive deer control tags or destruction permits.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, or school districts)? Yes
2. 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.
3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 150.025 and 150.105
4. 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? No revenue will be generated by this administrative regulation during the first year.
(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? No revenue will be generated by this administrative regulation during subsequent years.
(c) How much will it cost to administer this program for the first year? There will be no additional costs incurred for the first year.
(d) How much will it cost to administer this program for subsequent years? There will be no additional costs incurred in subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-): None; see 4 (a) and (b) above.
Expenditures (+/-): No additional expenditures; see 4 (c) and (d) above
Other Explanation: