RELATES TO: KRS 150.010, 150.092, 150.170, 150.175, 150.990
STATUTORY AUTHORITY: KRS 150.025(1) 150.390(1)
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, to regulate any method of taking, and to make such requirements apply to a limited area. KRS 150.390(1) prohibits the taking of bears in any manner contrary to any provisions of KRS Chapter 150 or its administrative regulations. This administrative regulation establishes bear hunting and chasing seasons, bear hunting areas, legal methods of taking, and permitting, checking, and recording requirements.
Section 1. Definitions. (1) "Adult" means an individual who is at least eighteen (18) years of age.
(2) "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.
(3) "Arrow" means the projectile fired from a bow or crossbow.
(4) "Baited area" means an area where feed, grains, or other substances capable of luring black bears have been placed.
(5) "Barbed broadhead" means a point or portion of a blade projecting backward from a broadhead designed to hold an arrow within an animal.
(6) "Bear" means the species Ursus americanus.
(7) "Bear chase area" means a designated area within the Bear Zone where hunters may use dogs to chase bears.
(8) "Bear chase permit" means a permit, which in conjunction with appropriate licenses, seasons, and methods, allows the holder to use dogs to chase a bear.
(9) "Bear permit" means a permit, which in conjunction with appropriate licenses, seasons, and methods, allows the holder to take one (1) black bear of either sex.
(10) "Bear zone" means the following Kentucky counties: Bell, Harlan, Letcher, and Pike.
(11) "Chase-only season" means a designated season when a person may use dogs to chase a bear, without killing or intentionally injuring a bear.
(12) "Crossbow" means a bow designed or fitted with a device to hold an arrow at full or partial draw without aid from the archer.
(13) "Firearm" means a breech or muzzle-loading rifle, shotgun, or handgun.
(14) "Fully-automatic firearm" means a firearm which fires more than one (1) time with a single pull from the trigger.
(15) "Junior bear chase permit" means a permit, which in conjunction with appropriate licenses, seasons, and methods, allows a youth to chase a bear.
(16) "License year" means the period from March 1 through the following last day of February.
(17) "Modern gun" means a rifle, handgun, or shotgun which is loaded from the rear of the barrel.
(18) "Muzzle-loading gun" means a rifle, shotgun, or handgun which is loaded from the discharging end of the barrel or discharging end of the receiver.
(19) "Shotshell" means ammunition discharged from a shotgun.
(20) "Youth" means a person under the age of sixteen (16) by the day of the hunt.
Section 2. Feeding Black Bears. A person shall not engage in any direct or indirect feeding of black bears.
Section 3. Bear Chase Requirements. (1) A person shall:
(a) Only use dogs to chase bears during:
1. A bear chase season; or
2. The bear quota hunt with dogs season.
(b) First obtain the appropriate bear chase permit from the department before chasing bears;
(2) A bear chase permit or junior bear chase permit may only be purchased by a resident of Kentucky.
(3) Unless exempted by KRS 150.170, a person shall carry proof of purchase of a valid Kentucky hunting license and valid bear chase permit while using dogs to chase bears.
(4) Bear chase permits may be purchased on the department’s Web site at fw.ky.gov from:
(a) The effective date of this regulation through August 31 in 2012; and
(b) July 1 through August 31 in subsequent years.
(5) A person shall not:
(a) Kill or intentionally injure a bear during a chase-only season;
(b) Chase a bear except during daylight hours when a chase season is open;
(c) Chase a bear from a baited area:
1. While bait is present; or
2. For thirty (30) days after the bait has been removed; or
(d) Disturb a bear in a den.
(6) Individual hunt groups shall include no more than five (5) people and eight (8) dogs.
(7) Any dog transported in a motorized vehicle by members of a hunt group shall be considered a member of that hunt group.
(8) The department shall supply a bear chase survey to each person purchasing a bear chase permit.
(9) A person who purchases a bear chase permit shall submit to the department a completed bear chase survey by the last day of January following each bear season.
(10) A person who fails to submit a bear chase survey shall be ineligible to purchase a bear chase permit for the following year’s chase seasons.
(11) A person shall only use a dog to chase a bear in the following designated areas:
(a) Eastern chase area;
(b) Central chase area; and
(c) Western chase area.
Section 4. Chase-Only Season Dates. (1) A person shall not use a dog to chase a bear except during the following seasons:
(a) The early chase-only season shall be from:
1. The effective date of this regulation through August 31 in 2012; and
2. August 1 through August 31 for all subsequent years;
(b) The late chase-only season shall be from the Monday following the bear quota hunt with dogs season established in Section 8 of this administrative regulation for five (5) consecutive days.
(2) The bear quota hunt season pursuant to Section 8 of this administrative regulation shall be open as a chase-only season if the annual bear harvest quota specified in Section 9(1) of this administrative regulation is met during the regular bear hunt season.
Section 5. Bear Permit Requirements. (1) Only a resident of Kentucky shall be allowed to purchase a bear permit.
(2) Unless exempted by KRS 150.170, a person hunting a bear shall possess proof of purchase of a valid Kentucky hunting license and valid bear permit while hunting.
Section 6. Hunter Restrictions. (1) A person shall not:
(a) Harvest a bear except during daylight hours;
(b) Use dogs during the regular bear hunting season, except leashed tracking dogs may be used to recover wounded bears;
(c) Hunt bear on a baited area:
1. While bait is present; or
2. For thirty (30) days after the bait has been removed;
(d) Harvest:
1. A female bear that has a cub; or
2. A bear that weighs less than seventy-five (75) pounds;
(e) Harvest a bear that is swimming; and
(f) Harvest a bear if the person is in a vehicle, boat, or 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;
(g) Harvest a bear in a den; or
(h) Disturb a bear in a den for the purpose of taking the bear when it exits the dens.
(2) An adult shall accompany and maintain control of a youth who is hunting bear with a firearm.
(3) A person shall use dogs to chase bears with the intent to harvest only during the quota hunt with dogs season.
Section 7. Weapon Restrictions. (1) A person shall not use the following to take a bear:
(a) A device capable of taking a bear other than a firearm, crossbow, or archery equipment;
(b) A modern firearm less than.270 caliber;
(c) A muzzle-loading firearm less than.50 caliber;
(d) A shotgun less than twenty gauge;
(e) Rimfire ammunition;
(f) A fully automatic weapon;
(g) A firearm with a magazine capacity greater than ten (10) rounds;
(h) Steel-jacketed ammunition;
(i) Tracer bullet ammunition;
(j) A shotshell containing more than one (1) projectile;
(k) A broadhead smaller than seven-eighths (7/8) inch wide;
(l) A barbed broadhead;
(m) A crossbow without a working safety device;
(n) A chemically treated arrow; or
(o) An arrow with a chemical attachment.
(2) A person shall not take a bear with a handgun that:
(a) Does not have a barrel length of at least six (6) inches;
(b) Does not have a bore diameter of at least 0.270 inches; or
(c) Does not fire a bullet that produces at least 550 ft/lbs of energy at 100 yards.
Section 8. Bear Season Dates and Bag Limits. (1) A legal bear hunter shall only kill a bear during the following seasons:
(a) The regular bear season shall be for three (3) consecutive days beginning on the second Saturday in December; and
(b) The quota hunt with dogs season shall be for five (5) consecutive days beginning on the Monday following the regular bear season.
(2) A person shall only hunt bears in the bear zone during the regular bear season.
(3) A person shall only use dogs to hunt bears in the bear chase areas during the quota hunt with dogs season.
(4) A person shall not take more than one (1) bear in a license year.
(5) A hunt party drawn for the quota hunt with dogs season shall not take more than one (1) bear in a license year.
Section 9. Bear Season Closure. (1) Any open hunting season for bears shall close after daylight hours on the day when the following annual quota has been reached:
(a) Ten (10) bears; or
(b) Five (5) female bears.
(2) A bear hunter shall call 800-858-1549 after 9 p.m. each day of any open bear season to determine if the annual quota has been reached.
Section 10. Quota Hunt with Dogs Requirements. (1) A person shall apply for the quota hunt on the department’s Web site at fw.ky.gov from September 1 through September 30.
(2) An applicant shall possess a bear chase permit before applying.
(3) A person shall not:
(a) Apply more than one (1) time;
(b) Apply as a party of more than five (5) people; or
(c) Be eligible to participate unless drawn by the department in the bear quota hunt lottery.
(4) If the annual bear quota specified in Section 9(1) of this administrative regulation is not met during the regular bear season, the following shall apply:
(a) A person or party drawn for the quota hunt shall be allowed to use dogs to hunt for bears;
(b) A bear shall only be harvested with the use of unleashed dogs;
(c) A person or each member of a hunt party selected for the quota hunt shall possess a bear permit in order to kill a bear.
(d) The season shall close after daylight hours on the day when the annual quota has been reached pursuant to Section 9(1) of this administrative regulation.
Section 11. Hunter Orange Clothing Requirements. (1) During any modern gun or muzzle-loading season for bears, a person hunting any species, and any person accompanying a hunter, shall display solid, unbroken hunter orange visible from all sides on the head, back, and chest, except these requirements shall not apply to a person hunting:
(a) Waterfowl; or
(b) Furbearers at night during a legal furbearer season.
(2) 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.
Section 12 Bear Sanctuaries. (1) The following areas within the Bear Zone shall be closed to bear hunting:
(a) Cumberland Gap National Historical Park;
(b) Hensley-Pine Mountain Wildlife Management Area; and
(c) The area surrounding Hensley-Pine Mountain Wildlife Management Area: starting at the intersection of Sand Hill Bottom Road and North US Hwy 119 in Cumberland, the boundary proceeds northeast along North US Hwy 119 to the intersection of US Hwy 119 and Kentucky Hwy 2035. The boundary then proceeds west along Kentucky Hwy 2035 to the intersection of Kentucky Hwy 2035 and Kentucky Hwy 931. The boundary continues southwest along Kentucky Hwy 931 to the intersection of Kentucky Hwy 931 and Kentucky Hwy 160, then proceeds southwest along Kentucky Hwy 160 to the intersection of Kentucky Hwy 160 and Kentucky Hwy 463 in Gordon. The boundary then proceeds south and east along Kentucky Hwy 160 to the intersection of Kentucky Hwy 160 and Sand Hill Bottom Road in Cumberland, then south along Sand Hill Bottom Road to the intersection with North US Hwy 119, completing the boundary.
(2) Kentucky resident landowners, their spouses, and dependent children may hunt bears on their own property within the closed area referenced in subsection (1)(c) of this section.
Section 13. Harvest Recording and Check-in Requirements. (1) Immediately after harvesting a bear, and before moving the carcass, a person shall record on a hunter’s log the:
(a) Species taken;
(b) Date taken;
(c) County where taken; and
(d) Sex of the bear.
(2) A person who has harvested a bear during the regular bear season shall:
(a) Retain a completed hunter’s log;
(b) Check a harvested bear at a department-operated check station immediately after leaving the field;
(c) Telecheck the bear before leaving the check station by:
1. Calling 800-245-4263 and completing the telecheck process; and
2. Recording the confirmation number on the hunter’s log; and
(d) Attach to the carcass a department issued tag prior to leaving the check station.
(3) A person who has harvested a bear during the bear quota hunt with dogs season shall:
(a) Retain a completed hunter’s log;
(b) Telecheck the bear before upon leaving the field by:
1. Calling 800-245-4263 and completing the telecheck process; and
2. Recording the confirmation number on the hunter’s log;
(c) Arrange for department personnel to inspect the bear by:
1. Calling the department at 800-858-1549 or 800-252-5378 within twenty-four (24) hours of harvest; and
2. Presenting to department personnel the bear carcass or an intact hide that contains the skull and proof of sex; and
(d) Attach to the carcass a department issued tag after having the bear inspected by department personnel.
Section 14. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "East and Central Bear Chase Areas" map, 2012 edition; and
(b) "West Bear Chase Area" map, 2012 edition.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsman’s Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. Eastern time. (29 Ky.R. 1433; 1766; eff. 1-16-2003; 35 Ky.R. 349; 1745; eff. 3-6-2009; 37 Ky.R. 2683; 38 Ky.R. 16; 8-5-2011; 38 Ky.R. 1899; 39 Ky.R. 53; eff. 8-2-2012.)