301 KAR 3:100. Special commission permits.

301 KAR 3:100. Special commission permits.

RELATES TO: KRS 150.170, 150.175, 150.177

STATUTORY AUTHORITY: KRS 150.025, 150.177, 150.195(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.195(1) authorizes the department to promulgate administrative regulations pertaining to the issuance of licenses and permits; KRS 150.177 authorizes the commission to donate special permits per species to qualified wildlife conservation organizations. This administrative regulation specifies the process for applying for those permits.

Section 1. Definitions. (1) "Proceeds" means the amount of money received by a wildlife conservation organization after the sale or transfer of a special permit and after the deduction of expenses directly attributable to the sale of that permit.

(2) "Special permit" means a permit for a species requiring an additional permit in order to hunt or fish which is issued by the Kentucky Fish and Wildlife Commission to a nonprofit wildlife conservation organization.

Section 2. Issuance, Sale and Transfer of Special Permit. (1) There shall be no more than ten (10) special permits issued per species per year.

(2) An applicant may apply for one (1) special permit per species by the May 1 deadline for applications.

(3) A proposal for special permit pursuant to KRS 150.177 shall be submitted to the Kentucky Fish and Wildlife Commission during the period prior to May 1. The proposal shall contain and identify:

(a) The name of the organization making the request and the names, addresses and telephone numbers of those members of the organization who are coordinating the proposal;

(b) The permit requested and the species and year for which it would be valid;

(d) The methods by which the permit would be transferred to an individual;

(e) The estimated amount of money to be raised and the rationale for that estimate;

(f) Any special needs or particulars relevant to the proposal, including time frame, limitations, or schedules; and

(g) One (1) copy of the organization's articles of incorporation shall accompany the proposal with proof that the organization has tax-exempt status.

(4) A letter accompanying the proposal shall include a statement that the applicant agrees to the conditions set forth in KRS 150.177 and this administrative regulation and shall be signed and dated by the authorized officer of the organization.

(5) The commission shall return to the applicant any application which does not conform with the requirements of KRS 150.177 or this administrative regulation. In selecting an applicant, the commission shall consider the written proposal and the proposed uses for the proceeds, the qualifications of the applicant as a fund raiser, the proposed fund raising plan, the applicant's previous involvement with wildlife management, and its conservation objectives. Proposals from previous successful applicants may not be considered if permits issued to them were not used or transferred. The commission may accept any proposal in whole or in part and may reject any proposal. Commission approval and issuance of any special permit is contingent upon compliance with subsections (2), (5), and (6) of this administrative regulation.

(6) All successful applicants shall agree in writing to the following:

(a) To use all proceeds from the sale or transfer of the permit for conservation projects in Kentucky that are approved by the Kentucky Fish and Wildlife Commission;

(b) To underwrite all promotional and administrative costs to sell and transfer the special permit;

(d) To provide the department with the name, address, and physical description of each individual to whom each special permit is transferred.

(e) To provide the department, within one (1) year of issuance of the special permit, a report summarizing:

1. The amount of money raised; and

2. The specific impact the money had on the proposed conservation project in the application submitted to and approved by the Kentucky Fish and Wildlife Commission.

Section 3. Use of Permits. (1) A special permit shall be valid only for the individual named on the permit and for the species for which the permit was issued. A special permit shall be valid for the forthcoming season following the commission meeting in which the special permit was awarded.

(2) A person using a special permit shall comply with all state laws and administrative regulations, including seasons, bag limits and size restrictions.

(3) Notwithstanding any other provision of law, a holder of a special permit for deer shall be entitled to take one (1) additional antlered or antlerless deer per license year.

(4) Notwithstanding any other provision of law, a holder of a special permit for turkey shall be entitled to take one (1) additional turkey of either sex per license year, in addition to the statewide permit. A holder of a special permit for turkey may not hunt on Wildlife Management Areas that are closed to the general public during the turkey season.

(5) Notwithstanding any other provision of law, a holder of the special permit for deer may hunt on any Wildlife Management Area, including Wildlife Management Areas otherwise closed for special hunts or otherwise closed to hunting, except hunting shall not be allowed on waterfowl refuges that are closed. A holder shall contact the wildlife area manager at least forty-eight (48) hours before hunting. A holder shall also notify the area manager upon leaving a Wildlife Management Area.

(6) Unless specific equipment is prohibited on a Wildlife Management Area, a holder of a special permit shall use the legal hunting equipment that is allowed for the season occurring when the holder is hunting, as well as any other hunting requirements in place during that season.

(7) A holder of a special permit may also hunt on private land with the permission of the landowner, but shall comply with the restrictions regarding the season where the land is located. (27 Ky.R. 2957; eff. 6-8-2001; Am. 28 Ky.R. 2054; 2332; eff. 5-16-2002; 29 Ky.R. 1680; 2088; eff. 2-16-03; 33 Ky.R. 1118; 1524; eff. 12-7-06.)