††††† 301 KAR 3:100. Special commission permits.

 

††††† RELATES TO: KRS 150.170, 150.175, 26 U.S.C. 501(c)(3)

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

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to promulgate administrative regulations to establish hunting seasons, bag limits, and the methods of taking wildlife. KRS 150.177 authorizes the department to issue a special permit to an incorporated nonprofit wildlife conservation organization. KRS 150.195(1) authorizes the department to promulgate administrative regulations pertaining to the issuance of licenses and permits. This administrative regulation establishes the requirements for the issuance and use of Special Commission Permits.

 

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

††††† (2) "Incorporated nonprofit wildlife conservation organization" means an entity that:

††††† (a) Has a primary purpose, as expressed in its articles of incorporation or bylaws, to conserve and enhance fish and wildlife resources to provide opportunities for hunting, fishing, trapping, wildlife education, habitat enhancement, or related activities;

††††† (b)1. Holds status as a nonprofit organization pursuant to 26 U.S.C. Section 501(c)(3); and

††††† 2. Is incorporated under the laws of this state or any other state; or

††††† (c) Holds a charter status under an incorporated parent organization.

††††† (3) "Special commission permit" means a species-specific permit issued by the Kentucky Fish and Wildlife Commission to an incorporated nonprofit wildlife conservation organization that allows the permit recipient, depending on the species listed on the permit, to harvest:

††††† (a) One (1) additional antlered or antlerless deer per license year;

††††† (b) One (1) additional turkey of either sex per license year;

††††† (c) One (1) elk of either sex per license year; or

††††† (d) Up to a daily bag limit of waterfowl per day.

 

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

††††† (2) An incorporated nonprofit wildlife conservation organization may apply for one (1) special commission permit per species. The incorporated nonprofit wildlife conservation organization shall accurately complete a Special Commission Permits Application Form.

††††† (3) A national organization and its affiliated regional, state, and local chapters shall all be eligible to apply for a special commission permit in the same year if each organization meets the definition in Section 1(2) of this administrative regulation.

††††† (4) A national organization and its affiliated regional, state, and local chapters shall not be eligible to be awarded more than one (1) special commission permit per species unless each applicant has a separate and distinct nonprofit organization status under 26 U.S.C. 501(c)(3) and a separate and distinct tax identification number.

††††† (5) In addition to the completed application, the organization shall also submit:

††††† (a)1. One (1) copy of the organizationís articles of incorporation or bylaws that state the purpose of the organization; or

††††† 2. A separate charter status from a parent organization and the parent organizationís articles of incorporation or bylaws that state the purpose of the parent organization;

††††† (b) Written proof of the organizationís tax-exempt status including the applicantís tax identification number; and

††††† (c) A letter from the organizationís parent organization, if applicable, that states that the chapter organization is in good-standing and is recognized by the parent organization.

††††† (6) The completed application and accompanying documents listed in subsection (5) of this section shall be delivered to the department by May 1 of each year.

††††† (7) The items listed in paragraphs (a) through (e) of this subsection shall be grounds for disqualification from the award process:

††††† (a) An incomplete application;

††††† (b) Incomplete or missing accompanying documents, pursuant to subsection (5) of this section;

††††† (c) Failure to submit the required application and accompanying documents to the department by the May 1 deadline;

††††† (d) The wildlife conservation organization applicant did not use or transfer a special commission permit awarded in a previous year; or

††††† (e) Failure to qualify as an incorporated nonprofit wildlife conservation organization.

††††† (8) Prior to selecting special commission permit recipients, the Fish and Wildlife Commission shall review and consider all applications and documents submitted by each wildlife conservation organization that has not been disqualified pursuant to subsection (5) of this section.

††††† (9) The department shall provide the Fish and Wildlife Commission with information concerning each applicantís relative standing with regard to:

††††† (a) Content and quality of submitted application materials;

††††† (b) Past compliance;

††††† (c) Ability to generate funds; and

††††† (d) The proposed conservation projectís potential for enhancing fish and wildlife, habitats, fish and wildlife education, or fish and wildlife-related recreation in Kentucky.

††††† (10) The Fish and Wildlife Commission shall select permit recipients based on the information listed in subsection (9) of this section.

††††† (11) A Special Commission Permit recipient shall:

††††† (a) Use all proceeds from the sale or transfer of the permit for conservation projects in Kentucky as approved by the Fish and Wildlife Commission;

††††† (b) Underwrite all promotional and administrative costs for the selling and transferring of the permit;

††††† (c) Sell and transfer each permit as stated in the application;

††††† (d) Provide the department with the following information on each individual who receives a transferred permit:

††††† 1. Name;

††††† 2. Address; and

††††† 3. Date of birth; and

††††† (e) Submit, by May 1 of the following year, a report that includes:

††††† 1. A financial statement containing:

††††† a. Total funds raised;

††††† b. Overhead costs or expenses related to the sale of the permit; and

††††† c. Net profit;

††††† 2. A summary of:

††††† a. The conservation project; and

††††† b. Expenditures related to the conservation project; and

††††† 3. A synopsis of the impact the conservation project had on enhancing fish and wildlife, habitats, fish and wildlife education, or fish and wildlife-related recreation.

 

††††† Section 3. Special Permit Use. (1) A special permit shall only be valid for the:

††††† (a) Individual named on the permit;

††††† (b) Species of wildlife listed on the permit; and

††††† (c) The first season for that species in the calendar year following the quarterly commission meeting that the special permit was awarded, except for the special commission permit for deer and for waterfowl, which shall be valid for the first season following the quarterly commission meeting that the special permit was awarded.

††††† (2) A special commission permit holder shall comply with all other department statutes and Title 301 KAR.

††††† (3) A holder of a special commission permit to hunt deer may hunt on any Wildlife Management Area during an open deer season or nonmobility impaired quota hunt pursuant to 301 KAR 2:178, except:

††††† (a) Hunting shall not be allowed on closed waterfowl refuges, pursuant to 301 KAR 2:222;

††††† (b) A permit holder shall contact the wildlife area manager at least forty-eight (48) hours before hunting; and

††††† (c) A permit holder shall notify the area manager upon leaving a Wildlife Management Area.

††††† (4) A holder of a special commission permit to hunt wild turkey shall not hunt on a Wildlife Management Area that is closed to turkey hunting.

††††† (5) A holder of a special commission permit to hunt waterfowl may hunt on Ballard, Boatwright, or Sloughs Wildlife Management Areas from one (1) of the areasí permanent waterfowl blinds by:

††††† (a) Contacting the department no later than September 30; and

††††† (b) Reserving a blind for one (1) of the available hunt periods established by the department, pursuant to 301 KAR 2:222.

††††† (6) A holder of any special commission permit may hunt on private land with the permission of the landowner.

††††† (7) Unless specific equipment is prohibited on a Wildlife Management Area, a special permit holder shall only harvest game with hunting equipment that is allowed for the season during which the permit holder is hunting.

 

††††† Section 4. Incorporation by Reference. (1) "Special Commission Permits Application Form", 2015 edition, is incorporated by reference.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsmanís Lane, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m. (27 Ky.R. 2957; eff. 6-8-2001; Am. 28 Ky.R. 2054; 2332; eff. 5-16-2002; 29 Ky.R. 1680; 2088; eff. 2-16-2003; 33 Ky.R. 1118; 1524; eff. 12-7-2006; 37 Ky.R. 2287; 2832; eff. 6-2-2011; 41 Ky.R. 1885; 2088; eff. 5-1-2015.)