301 KAR 2:222. Waterfowl hunting requirements.

301 KAR 2:222. Waterfowl hunting requirements.

RELATES TO: KRS 150.010(40), 150.025(1), 150.305(1), 150.330, 150.340(1), (3), 150.600(1), 150.990, 50 C.F.R. Parts 20, 21

STATUTORY AUTHORITY: KRS 150.025(1)(a), (b), 150.340, 150.600(1), 50 C.F.R. Parts 20, 21

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) and 150.600(1) authorize the department to establish statewide waterfowl hunting requirements and to specify seasons and other requirements on Wildlife Management Areas. KRS 150.340 authorizes the department to establish bag and creel limits for waterfowl. This administrative regulation establishes waterfowl seasons in the Ballard Wildlife Management Area, Central Kentucky Wildlife Management Area, Cumberland Lake Wildlife Management Area, Addington Enterprises Wildlife Management Area, Land Between the Lakes, Ohio River Waterfowl Refuge, Robinson Forest Wildlife Management Area, and Yellowbank Wildlife Management Area which differ from and are shorter than federal regulations to optimize public use within sound waterfowl conservation practices.

Section 1. Definitions. (1) "Blind" means:

(a) A concealing enclosure;

(b) A pit; or

(2) "Blind site" means a specific location identified by the department or approved by the U.S. Army Corps of Engineers where hunting is permitted.

(3) "Party" means:

(a) A person hunting alone; or

(b) From two (2) to four (4) persons who share a blind.

(4) "Permanent blind" means a blind left in place more than twenty-four (24) hours.

(5) "Regular waterfowl season" means the late migratory bird hunting seasons referred to in 50 C.F.R. Part 20.

(6) "Statewide waterfowl seasons" means the provisions of this administrative regulation and of 301 KAR 2:221.

(7) "Waterfowl" is defined in KRS 150.010(40).

Section 2. A waterfowl hunter shall not use or carry a shotgun shell:

(1) Longer than three and one-half (3 1/2) inches; or

(2) Containing shot:

(a) Made of lead;

(b) Not approved by the U.S. Fish and Wildlife Service for waterfowl hunting; or

Section 3. In the Ballard Reporting Area, as described in 301 KAR 2:224:

(1) A waterfowl hunter shall:

(a) Hunt from a blind unless hunting in flooded, standing timber;

(b) Not hunt from or establish a blind:

1. Within 100 yards of another blind; or

2. Within fifty (50) yards of a property line; and

(2) The requirements of subsection (1) of this section shall not apply when the Conservation Snow Goose Order is the only waterfowl season open, excluding falconry seasons.

Section 4. (1) Except as specified in this section or in Section 5 of this administrative regulation, on a Wildlife Management Area:

(a) A waterfowl hunter shall not establish or hunt from:

1. A permanent blind; or

2. A blind within 200 yards of:

a. Another blind; or

b. A waterfowl refuge;

(b) A person shall not hunt in a designated recreation area or access point;

(d) A hunter shall remove decoys and personal effects from the Wildlife Management Area daily, except that a hunter drawn for a multiday hunt may leave decoys in place for the duration of the hunt, at his or her own risk.

(2) A person wishing to establish or use a permanent blind or blind site on Barkley Lake, Barren River Lake, Buckhorn Lake, Green River Lake, Nolin River Lake, Paintsville Lake, Rough River Lake, Sloughs, or Doung Travis Wildlife Management Areas:

(a) Shall first obtain a permit from the U.S. Army Corps of Engineers or the department;

(b) May designate one (1) other person as a partner;

(d) Shall participate in a drawing for a blind permit on the Barkley, Barren, Green, Paintsville, Sloughs, or Doung Travis Wildlife Management Areas:

1. At the time of the drawing, the hunter shall possess a valid hunting license, a Kentucky waterfowl permit and a federal waterfowl permit; and

2. Shall be eighteen (18) years of age or older.

(3) The holder of a blind permit shall:

(a) Construct or establish his or her blind or blind site before November 20 or forfeit the permit;

(b) Not lock a blind; and

(c) Unless an extension of time is granted, remove his blind and blind materials within thirty (30) days of the close of the regular waterfowl season or be ineligible for a permit the following year.

(4) A blind or blind site not occupied by the permit holder one (1) hour before sunrise shall be available to another hunter on a first-come, first-serve basis.

(5) A blind restriction specified in this section shall not apply to a falconer if a gun or archery season is not open.

Section 5. On a Wildlife Management Area: (1)(a) Statewide waterfowl seasons shall apply unless otherwise stated in this section.

(b) If specific hunting dates and times are given in this section, a person shall not hunt waterfowl except on those dates and times.

(2) A person shall not:

(a) Hunt on an area or portion of an area marked by a sign as closed to hunting;

(b) Enter an area or a portion of an area marked by signs as closed to public access; or

(3) Wildlife management areas in Ballard County.

(a) Sliding shell limit scale.

1. The shell limit shall be twenty-five (25) when the daily bag limit for ducks is greater than three (3) and the Canada goose limit is greater than or equal to two (2); and

2. The shell limit shall be fifteen (15) when the daily bag limit for ducks is less than or equal to three (3) and the Canada goose limit is less than or equal to two (2).

(b) At least one (1) person in a blind shall be eighteen (18) years of age or older while hunting from a department blind at Ballard WMA or Boatwright WMA.

1. Waterfowl hunting shall be permitted during an open waterfowl season occurring before October 15.

2. The duck, coot, and merganser season shall be December 5 through January 27.

3. The goose season shall be December 5 through January 31.

4. Youth waterfowl season shall be the first weekend in February.

5. A waterfowl hunter shall not hunt on a Monday, Tuesday, Christmas Day, or New Year's Day.

6. A waterfowl hunter shall:

a. Apply in advance in accordance with Section 6 of this administrative regulation;

b. Case his gun while using department-supplied transportation to and from a blind;

c. Not hunt waterfowl on the Ohio River from fifty (50) yards upstream from Dam 53 to fifty (50) yards downstream from the southern border of the Ballard Wildlife Management Area from October 15 through March 15; and

d. Waterfowl hunters shall exit the area by 2 p.m. during waterfowl season, except as authorized by the department.

(d) At Boatwright Wildlife Management Area, including the Olmsted, Peal and Swan Lake units:

1. A person shall:

a. Not hunt on a Monday, Tuesday, Christmas Day or New Year's Day;

b. Check in daily at the designated check station by 8 a.m. during duck and Canada Goose season; and

c. Check out after 8 a.m. by depositing a card at a department designated drop point.

2. Duck season shall be open one-half (1/2) hour before sunrise to sunset Thanksgiving Day for four (4) consecutive days on portions of Boatwright Wildlife Management Area open to hunting.

3. A department blind or blind site shall be assigned through a daily draw.

4. A blind or blind site shall be offered to another hunter on a first-come, first-served basis, if the blind or blind site has not been assigned during the draw that day.

5. Waterfowl hunters shall exit the area by 2 p.m. during waterfowl season, except as authorized by the department.

6. Waterfowl hunters shall hunt from department blinds or within twenty-five (25) feet of blind sites as marked by the department.

7. Boat blinds shall not be permitted in flooded timber, except during periods of flood where no other access is possible. When boat blinds are permitted, there shall be a 200 yard distance between boat blinds.

8. On the Olmsted and Peal Units, a person shall not:

a. Hunt waterfowl except from a permanent department blind or within twenty-five (25) feet of department blinds if the area is under flood and only accessible by boat; or

b. Hunt waterfowl except from a blind site assigned by the department during Canada Goose season.

9. On the Peal unit:

a. More than seven (7) parties shall not hunt at the same time on Buck Lake or Flat Lake;

b. More than four (4) parties shall not hunt at the same time on Fish Lake;

c. More than three (3) parties shall not hunt at the same time on First Lake or Second Lake;

10. On the Swan Lake Unit, a person shall not hunt duck, coot, merganser, or goose other than a Canada Goose except from a blind or blind site assigned by the department and unless:

a. The season for these species is open; and

b. The season for Canada Goose is also open.

c. Except, that area open for hunting during the Canada goose season shall also be open during the Snow Goose Conservation Order without blind restrictions.

(4) Barkley Lake Wildlife Management Area.

(a) A permanent blind may be used as specified in Section 4 of this administrative regulation.

(b) A person shall establish a permanent blind within ten (10) yards of his or her blind site within:

1. An area bounded by the mouth of Donaldson Creek, the east side of the Cumberland River Channel and the boat ramp at Linton.

2. An area bounded by the Pryor's Creek Light, the west side of the Cumberland River Channel, Land Between the Lake Road 204 and river mile 73.5.

1. From November 1 through February 15 within an area west of the main river channel between river mile 51 (Hayes Landing Light) and the TVA power transmission lines at river mile 55.5.

2. From November 1 through March 15 within Honker Bay and Fulton Bay as marked by buoys and signs.

(d) From October 15 through March 15, a person shall not hunt:

1. Within 200 yards of; or

2. Within the area defined by the levee between river mile 68.4 and river mile 70.4.

(5) Barren River Lake Wildlife Management Area.

(a) A permanent blind may be used as specified in Section 4 of this administrative regulation.

(b) A waterfowl hunter:

1. May use a breech-loading shotgun along the shoreline of the Peninsula Unit; and

2. Shall not use a breech-loading firearm elsewhere on the area.

(6) Buckhorn Lake Wildlife Management Area. A permanent blind may be used as specified in Section 4 of this administrative regulation.

(7) Central Kentucky Wildlife Management Area. A person shall not hunt waterfowl from October 15 through January 14.

(8) Cumberland Lake Wildlife Management Area. The following sections shall be closed to the public from October 15 through March 15:

(a) Wesley Bend, the area bounded by Fishing Creek, Beech Grove Road and Fishing Creek Road.

(b) Yellowhole, the area bounded by Fishing Creek Road and Hickory Nut Road.

(9) Daniel Boone National Forest Pioneer Weapons Wildlife Management Area. A waterfowl hunter:

(a) May use a breech-loading shotgun along the shoreline of Cave Run Lake; and

(b) Shall not use a breech-loading firearm elsewhere on the area. Addington Enterprises Wildlife Management Area shall be closed to waterfowl hunting.

(10) Doug Travis WMA.

(a) Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b) Waterfowl hunters shall exit the area by 2 p.m. during waterfowl season, except as authorized by the department.

(c) On Forked Lake, Indian Camp Lake, Fish Lake, Number Four Lake, and Black Lake, all waterfowl hunting after November 1:

1. Shall be from blind sites assigned by a random preseason draw.

2. Shall be within ten (10) yards of a blind site, even during periods of Mississippi River flooding.

(11) Grayson Lake Wildlife Management Area. A person shall not hunt waterfowl:

(a) Within the no wake zone at the dam site marina;

(b) From the shore of Camp Webb;

(d) Within three-quarters (3/4) of a mile from the dam.

(12) Green River Lake Wildlife Management Area.

(a) A permanent blind may be used as specified in Section 4 of this administrative regulation.

(b) Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(13) Kaler Bottoms Wildlife Management Area. Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(14) Land Between the Lakes.

(a) The following portions shall be closed to the public from November 1 through March 15:

1. Long Creek Pond;

2. The eastern one-third (1/3) of Smith Bay; and

3. The eastern two-thirds (2/3) of Duncan Bay.

(b) The following portions shall be closed to waterfowl hunting:

1. The Environmental Education Center; and

2. Energy Lake.

1. Inland from the water's edge of Kentucky Lake or Barkley Lake; or

2. From a boat over a flooded portion of Land Between the Lakes when the lake level is above elevation 359.

(d) A person shall not hunt waterfowl on inland areas during a quota deer hunt.

(e) A person shall not establish or use a permanent blind:

1. On an inland area; or

2. Along the Kentucky Lake shoreline of Land Between the Lakes.

(f) A waterfowl hunter shall remove decoys and personal effects daily.

(15) Nolin River Lake Wildlife Management Area. A permanent blind may be used as specified in Section 4 of this administrative regulation.

(16) Obion Creek Wildlife Management Area. Shooting hours are one-half (1/2) hour before sunrise until 2 p.m.

(17) Ohio River Waterfowl Refuge.

(a) A person shall not hunt from October 15 through March 15 on the Kentucky portion of the Ohio River from Smithland Lock and Dam upstream to a power line crossing at approximately river mile 911.5.

(b) Stewart Island shall be closed to the public from October 15 through March 15, except for quota deer hunting.

(18) Peabody Wildlife Management Area.

(a) Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b) The following portions, as posted by signs, are closed to the public from October 15 through March 15:

1. Sinclair Mine, as bounded by Hwy 176, the haul road, and Goose Lake Road as posted by signs; and

2. Homestead, as bounded by Cool Spring-Wysox Road, H2 Road, H1 Road, and H6 Road, and areas posted by signs.

(19) The main block of Robinson Forest Wildlife Management Area shall be closed to waterfowl hunting.

(20) Sloughs Wildlife Management Area.

(a) Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b) Waterfowl hunters shall exit the area by 2 p.m. during waterfowl season, except as authorized by the department.

1. Shall use a permanent blind provided by the department;

2. Shall remove decoys and personal effects from a blind or the vicinity of a blind daily; and

3. A permanent blind may be used as specified in Section 4 of this administrative regulation.

(d) On the Jenny Hole-Highlands Creek Unit, a waterfowl hunter:

1. Shall not establish or hunt from a blind closer than 200 yards from another hunting party; and

2. Shall remove decoys and personal effects from blinds or the vicinity of blinds daily.

3. A permanent blind may be used as specified in Section 4 of this administrative regulation.

(e) If the Ohio River reaches a level that requires boat access, a waterfowl hunter:

1. May hunt from a boat without regard to department blinds; and

2. Shall not hunt closer than 200 yards from another boat.

(f) A waterfowl hunter on the Crenshaw and Duncan Tracts of the Sauerheber Unit:

1. Shall hunt from the blind assigned by the department through a drawing as stipulated in Section 6 of this administrative regulation;

2. May occupy a blind not claimed by the permittee one (1) hour before sunrise;

3. Shall be limited to twenty-five (25) shells when the daily bag limit for ducks is greater than three (3) and the Canada goose limit is greater than or equal to two (2);

4. Shall be limited to fifteen (15) shells when the daily bag limit for ducks is less than or equal to three (3) and the Canada goose limit is less than or equal to two (2);

5. Shall be accompanied by an adult if under eighteen (18) years of age; and

6. The waterfowl blind for mobility-impaired persons will be open to the public only if the permit holder or another mobility-impaired person has not shown up to hunt on that day by one (1) hour before sunrise.

(g) The Crenshaw and Duncan II tracts of the Sauerheber Unit shall be closed to hunting except waterfowl from November 1 through March 15.

(h) The remainder of the Sauerheber Unit shall be closed to the public from November 1 through March 15.

(21) South Shore Wildlife Management Area.

(a) Closed to all hunting November 15 through January 30, except quota hunt waterfowl and dove hunting.

(b) The quota hunt requires advance application and selection.

(d) Department blinds are allocated by preseason draw. Applicants shall mail a three (3) by five (5) white index card in an envelope to Grayson Lake WMA post marked between November 1 and November 15.

(22) Starfire Wildlife Management Area shall be closed to waterfowl hunting.

(23) Taylorsville Lake Wildlife Management Area. The portion east of Van Buren Boat Ramp as marked by a sign shall be closed to the public from November 1 through the last day of February, except for quota deer hunting, and the waters from the boat ramp to the Highway 248 bridge, which are open to fishing until November 15.

(24) Westvaco Wildlife Management Area.

(a) Shooting hours shall be one-half (1/2) hour before sunrise until 2 p.m.

(b) The portion south of the Westvaco Road as posted by a sign shall be closed to the public from November 1 through March 15.

(25) Yatesville Lake Wildlife Management Area. The Greenbrier Creek Branch of Yatesville Lake, and Yatesville Lake, including all of the islands, north of the mouth of the Greenbrier Creek Branch shall be closed to all waterfowl hunting.

(26) Yellowbank Wildlife Management Area. The area designated by a sign and painted boundary marker shall be closed to the public from October 15 through March 15.

Section 6. (1) A person wishing to apply to hunt waterfowl on Ballard or Sauerheber Unit of Sloughs Wildlife Management Areas shall:

(a) Apply to the vendor supplied by the department by calling (877) 598-2401;

(b) Register between September 1 and September 30; and

(2) A person shall not apply more than one (1) time for each hunt.

(3) Each hunter drawn may bring up to three (3) additional hunters.

(4) A person shall be declared ineligible to hunt in department waterfowl quota hunts during the remaining portion of the waterfowl season and declared ineligible to apply for the following year's waterfowl quota hunts if the hunter violates state or federal regulations while waterfowl hunting on WMAs in which hunter numbers are regulated as part of a preseason or daily drawing.

Section 7. State Parks. (1) There shall be no waterfowl hunting on state parks except as specified in the subsection (2) of this section.

(2) State Parks.

(a) There shall be an open waterfowl hunt December 13 through January 31 on designated areas of Barren River, Grason Lake, Greenbo Lake, Lake Barkley, Lincoln Homestead, Painstsville Lake, Pennyrile Lake, and Yatesville Lake State Parks.

(b) Hunters shall check in each day at the front desk of the state park or a designated check-in location on days in which the park office is not open.

(c) During check-in hunters shall be provided a map showing designated areas of the park that are open to waterfowl hunting.

(d) Hunters shall check out each day at the front desk of the state park or a designated check-out location on days in which the park office is not open.

(e) Statewide waterfowl hunting requirements apply.

Section 8. Mentor Waterfowl Hunts at Minor Clark and Peter W. Pfeiffer Fish Hatcheries. (1) There shall be youth waterfowl mentor hunts on the Minor Clark and Peter W. Pfeiffer fish hatcheries.

(2) Dates shall be determined and published in the current Waterfowl Hunting Guide.

(3) Youths shall register in advance and carry postcard notification the day of the hunt.

(4) Youths shall be accompanied by an adult eighteen (18) years or older.

(5) One (1) youth shall not be accompanied by more than one (1) adult.

(6) One (1) adult may accompany two (2) youths.

(7) Hunting shall only be permitted from established blinds and hunters shall not change blinds.

(8) Four (4) hunters shall be permitted per blind.

(9) Hunters may only discharge firearms from the blind.

(10) Hunters may only have fifteen (15) shotshells per hunter.

(11) Hunters shall immediately retrieve downed birds. Chasing or harassing waterfowl outside the blinds is strictly prohibited.

(12) Firearms shall be encased when traveling to and from the blind.

(13) Hunting shall end at noon and hunters shall be off the premises by 1 p.m.

(14) All decoys and equipment shall be removed at the end of each day’s hunt.

(15) Hunters shall report harvest by dropping hunt permit at designated location. (21 Ky.R. 1799; eff. 2-22-95; Am. 22 Ky.R. 1675; 1997; eff. 5-16-96; 23 Ky.R. 2844; eff. 3-12-97; 24 Ky.R. 1916; 2359; eff. 5-13-98; 25 Ky.R. 1697; 2138; eff. 3-10-99; 27 Ky.R. 3149; 28 Ky.R. 75; eff. 7-16-2001; 1909; eff. 4-15-02; 29 Ky.R. 2136; eff. 4-11-03; 30 Ky.R. 991; eff. 1-5-04; 31 Ky.R. 1348; eff. 3-11-05; 32 Ky.R. 1148; 1391; eff. 3-3-06; 33 Ky.R. 1627; 2275; eff. 3-9-07; 34 Ky.R. 1537; 1949; eff. 3-7-2008.)