301 KAR 2:185. Hunter education.

301 KAR 2:185. Hunter education.

RELATES TO: KRS 150.010, 150.015, 150.990

STATUTORY AUTHORITY: KRS 150.025

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to promulgate administrative regulations to carry out the purposes of KRS Chapter 150, including the management and conservation of wildlife. This administrative regulation establishes the requirements for hunter education instruction, to promote safe hunting, responsible wildlife management and conservation of wildlife.

Section 1. Definitions. (1) "Adult" means a person who has reached age eighteen (18).

(2) "Course completion card" means the card issued by the department, another state, province, or country to a student who has successfully completed a hunter education course which meets the standards established by the International Hunter Education Association.

(3) "Department" is defined in KRS 150.010(8).

(4) "Hunter education instructor" means a person who has been certified by the department to instruct or assist in the instruction of the Kentucky Hunter Education Program.

(5) "International Hunter Education Association" means the organization recognized as the international governing body for teaching hunter education.

Section 2. Mandatory Hunter Education Course Completion Card. (1) Except as provided in subsection (4) of this section, a hunter born on or after January 1, 1975 shall carry a valid hunter education course completion card or other proof verifying that the hunter has completed a hunter education course which meets the standards approved by the International Hunter Education Association.

(2) A bow hunter not in possession of a firearm may carry a state, province or country issued Bow Hunter Education Certificate which meets the standards approved by the International Hunter Education Association in lieu of the hunter education course completion card.

(3) A valid hunter education course completion card or a bow hunter education certificate shall be presented to a state conservation officer upon request.

(4) Exemptions.

(a) Persons under twelve (12) years of age:

1. A person under twelve (12) years of age may hunt without a course completion card, but shall be accompanied by an adult who meets the hunter education requirement and who shall be in a position to take immediate control of the bow or firearm;

2. One (1) adult who meets the hunter education requirement shall not accompany more than two (2) persons under the age of twelve (12) at one (1) time.

(b) A person exempt from a hunting license requirement is also exempt from possessing the course completion card.

(c) A person required to carry a course completion card while hunting in Kentucky shall be eligible for a temporary hunter education requirement exemption.

1. A temporary hunter education exemption shall be valid for one (1) year from the date obtained.

2. A person shall not be eligible to obtain more than one (1) exemption.

3. To validate the exemption, a person shall:

(a) Obtain a temporary hunter education exemption permit from the department for a fee;

(b) Carry the exemption form while hunting;

(c) Be accompanied by an adult who meets the hunter education requirement and who shall remain in position to take immediate control of the exempted hunter’s bow or firearm while hunting.

Section 3. Hunter Education Course Requirements. A participant in the Kentucky Hunter Education Program shall be at least nine (9) years of age before being given a course completion exam and shall be eligible to receive a course completion card when he or she has:

(1) Attended department-approved instruction which meets the standards approved by the International Hunter Education Association;

(2) The workbook "Today's Hunter, A Guide to Hunting Responsibly and Safely" shall be used to teach the hunter education course and is incorporated by reference.

(3) Answered at least eighty (80) percent of the course completion examination questions correctly;

(4) Participated safely in live fire exercises as determined by a Hunter Education Instructor;

(5) Exhibited a responsible attitude toward others, property, and equipment during the course; and

(6) Provided an affidavit to the Hunter Education Instructor, if alternate means were used to complete the classroom portion of hunter education instruction. The affidavit shall verify that a participant has completed the requirement in subsection (1) of this section by department-approved video tapes, compact disk, independent study workbook, or Internet site. The affidavit shall be notarized and signed before attending the required live-fire exercises and taking the course completion examination.

Section 4. Duplicate Cards. A duplicate hunter education course completion card may be obtained from the Department of Fish and Wildlife Resources for a fee.

Section 5. Instructor Certification Requirements. (1) An applicant shall fulfill the following requirements to become certified as a hunter education instructor:

(a) Be at least eighteen (18) years of age;

(b) Complete an application;

(d) Complete the basic hunter education course and possess the hunter education course completion card;

(e) Complete a department-sponsored instructor training course; and

(f) Attain a minimum score of ninety (90) percent on the hunter education instructor examination.

(2) Basis for denial of application or revocation of certification.

(a) An applicant for certification shall be denied certification if the criminal background check required by subsection (1)(c) of this section reveals that the applicant has been:

1. Convicted of a felony;

2. Convicted of a misdemeanor relating to the health, safety, or welfare of a person; or

3. Convicted of a fish and wildlife violation or a boating violation which results in the loss of his hunting or fishing license.

(b) A person who is certified by the department shall have that certification revoked upon a finding by the commissioner that the person has been:

1. Convicted of a felony;

2. Convicted of a misdemeanor relating to the health, safety, or welfare of a person; or

3. Convicted of a fish and wildlife violation or a boating violation which results in the loss of his hunting or fishing license.

(c) A person who is convicted of a fish and wildlife violation that does not result in the loss of his hunting or fishing license may be denied certification or have his certification revoked at the discretion of the commissioner.

(d) A hunter education instructor who fails to instruct or assist in the instruction of at least one (1) hunter education course per year shall be purged from active instructor status.

(3) Appeal of decision. A person whose application for certification is denied or whose certification is revoked by the commissioner pursuant to this section may appeal that decision to the Department of Fish and Wildlife Resources Commission.

Section 6. Incorporation by Reference. (1) "Today's Hunter, A Guide to Hunting Responsibly and Safely", 2002 edition, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman’s Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (17 Ky.R. 1259; eff. 11-15-90; Am. 28 Ky.R. 2052; eff. 5-16-2002; 29 Ky.R. 2131; 2487; 2879; eff. 6-16-03; 33 Ky.R. 3243; 3603; eff. 6-13-2007.)