301 Ky. Admin. Regs. 2:221

Current through Register Vol. 51, No. 5, November 1, 2024
Section 301 KAR 2:221 - Waterfowl seasons and limits

RELATES TO: KRS 150.010(45), 150.025(1), 150.305(1), 150.330, 150.340(1), (3), 150.990

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish open seasons for the taking of wildlife and to regulate bag limits. KRS 150.360 authorizes the department to restrict methods of taking wildlife. KRS 150.600 authorizes the department to regulate the taking of waterfowl on public and private land. This administrative regulation establishes requirements for the taking of waterfowl within reasonable limits and within the frameworks established by 50 C.F.R. Parts 20 and 21.

Section 1. Definitions.
(1) "Active military personnel" means a member of the Armed Forces on active duty, including members of the National Guard and Reserves on active duty other than for training.
(2) "Adult" means a person who has reached his or her 18th birthday.
(3) "Dark geese" means Canada geese, cackling geese, white-fronted geese, or brants.
(4) "Light geese" is defined by KRS 150.010(20).
(5) "Light geese conservation order" is defined by KRS 150.010(21).
(6) "Veteran" means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(7) "Waterfowl" is defined by KRS 150.010(45).
(8) "Youth" means a person who has not reached his or her 16th birthday.
Section 2. Except as established in 301 KAR 2:222 or 301 KAR 2:225, a person shall not hunt waterfowl except during the seasons established in this administrative regulation.
Section 3. Season Dates.
(1) The duck, coot, and merganser season shall:
(a) Begin on Thanksgiving Day for four (4) consecutive days; and
(b) Be from December 7 through January 31.
(2) The dark geese season shall be from Thanksgiving Day through February 15.
(3) The light geese season shall be from Thanksgiving Day through February 15.
(4) The light geese conservation order season shall be from February 16 through March 31.
(5) A person shall not hunt light or dark geese in:
(a) The areas of Laurel River Lake as posted by sign; or
(b) Cave Run Lake and the public land inside the boundary formed by Highways 801, 1274, 36, 211, US 60, and Highway 826.
Section 4. Ballard Zone.
(1) The Ballard Zone includes the portion of Ballard County north and west of:
(a) The Ballard-McCracken County line to State Road 358;
(b) State Road 358 to US 60;
(c) US 60 to the city limits of Wickliffe; and
(d) The city limits Wickliffe to the center of the Mississippi River.
(2) In the Ballard Zone, a person hunting waterfowl shall:
(a) Not hunt or establish a blind within:
1. 100 yards of another blind; or
2. Fifty (50) yards of a property line; and
(b) Not possess more than one (1) uncased or loaded shotgun while in a blind.
(3) The requirements of subsection (1) of this section shall not apply if the Light Geese Conservation Order, as established in Section 3 of this administrative regulation, is the only waterfowl season open, excluding falconry seasons.
Section 5. Bag and Possession Limits.
(1) Ducks. The daily limit shall be six (6), which shall not include more than:
(a) Four (4) mallards;
(b) Two (2) hen mallards;
(c) Three (3) wood ducks;
(d) Two (2) black ducks;
(e) Two (2) redheads;
(f) One (1) pintail;
(g) One (1) scaup beginning Thanksgiving Day for four (4) consecutive days and December 7 through December 17;
(h) Two (2) scaup beginning on December 18 through January 31;
(i) One (1) mottled duck; or
(j) Two (2) canvasbacks.
(2) Coot. The daily limit shall be fifteen (15).
(3) Merganser. The daily limit shall be five (5), which shall not include more than two (2) hooded mergansers.
(4) Dark geese. The daily limit shall be five (5), which shall not include more than:
(a) Three (3) Canada geese or cackling geese, in combination;
(b) Two (2) white-fronted geese; or
(c) One (1) brant.
(5) Light geese. The daily limit shall be twenty (20), except that there shall not be a limit during the light geese conservation order season.
(6) The possession limit shall be triple the daily limit, except that there shall not be a light geese possession limit.
Section 6. Shooting Hours. A person shall not hunt waterfowl except from one-half (1/2) hour before sunrise until:
(1) Sunset, except as established in 301 KAR 2:222; or
(2) One-half (1/2) hour after sunset if hunting light geese during the light geese conservation order season.
Section 7. Falconry Waterfowl Season and Limits.
(1) The light geese season shall be from Thanksgiving Day through February 15.
(2) The light geese conservation order season shall be from February 16 through March 31.
(3) The season for all other waterfowl shall be from Thanksgiving Day through February 15.
(4) The daily limit shall be three (3) waterfowl, except that there shall not be a limit on light geese during the light geese conservation order season.
(5) The possession limit shall be nine (9) waterfowl, except that there shall not be a possession limit on light geese during the light geese conservation order season.
Section 8. Permit for the Light Geese Conservation Order Season.
(1) A person hunting light geese during the light geese conservation order season shall first obtain a free permit by completing the online Snow Geese Conservation Order Permit process on the department's Web site at fw.ky.gov.
(2) A person hunting light geese during the light geese conservation order season shall submit a Snow Geese Conservation Order Permit Survey to the department by April 10.
Section 9. Special Youth Waterfowl Season.
(1) A youth shall only hunt waterfowl and gallinule on the Saturday before Thanksgiving and the second Saturday in February.
(2) A youth hunter shall be accompanied by an adult;
(3) Youth hunters shall obey the provisions of 301 KAR 2:221 and 301 KAR 2:222, except that he or she may hunt on the dates established in this administrative regulation;
(4) An adult accompanying a youth who is waterfowl hunting shall:
(a) Remain in a position to take immediate control of the youth's firearm;
(b) Not hunt ducks, coots, mergansers, and gallinules; and
(c) Not be required to possess a hunting license or waterfowl permit if he or she is not hunting.
Section 10. A Special Veterans and active Military Personnel Waterfowl Hunting Season.
(1) A veteran or active military personnel shall only hunt waterfowl and gallinule on the Sunday before Thanksgiving and the second Sunday in February.
(2) Veteran hunters shall obey the provisions of 301 KAR 2:221 and 301 KAR 2:222, except that applicable hunters shall only hunt on the dates established in this administrative regulation.
(3) While in the field during the special veterans and active military personnel waterfowl hunting season, waterfowl hunters shall either have a state hunting license showing veteran status or carry proof of their veteran or active military personnel status. Acceptable forms of proof shall be a current military identification card, a VA-issued identification card, state issued driver's license or identification card with a veteran's designation, or an original or copy of a DD Form 214, DD Form 215, NGB Form 22, NGB Form 22-a, or DD Form 256.
Section 11. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Snow Geese Conservation Order Permit", April 2022; and
(b) "Snow Geese Conservation Order Permit Survey", April 2022.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or online at:
(a)https://app.fw.ky.gov/snowgoosesurvey/snowgoose.aspx for the "Snow Geese Conservation Permit"; and
(b)https://app.fw.ky.gov/snowgoosesurvey/snowgoosesurvey.aspx for the "Snow Geese Conservation Order Permit Survey.

301 KAR 2:221

21 Ky.R. 1797; eff. 2-22-1995; Am. 22 Ky.R. 1673; eff. 5-16-1996; 23 Ky.R. 2842; eff. 3-12-1997; 24 Ky.R. 1914; 2358; eff. 5-13-1998; 25 Ky.R. 1695; 2137; eff. 3-10-1999; 27 Ky.R. 212; 753; eff. 8-4-2000; 3147; eff. 7-16-2001; 28 Ky.R. 1907; eff. 4-15-2002; 29 Ky.R. 2134; 2453; eff. 4-11-2003; 30 Ky.R. 989; eff. 1-5-2004; 31 Ky.R. 1346; 3-11-2005; 1147; eff. 3-3-2006; 33 Ky.R. 1625; eff. 3-9-2007; 34 Ky.R. 1535; eff. 3-7-2008; 35 Ky.R. 1876; eff. 4-3-2009; 36 Ky.R. 1316; 1911; eff. 3-5-2010; 37 Ky.R. 1338; eff. 2-4-2011; 38 Ky.R. 1044; eff. 2-3-12; 39 Ky.R. 1302; eff. 3-8-2013; 40 Ky.R. 1354; 1725; eff. 3-7-2014; 41 Ky.R. 1444; eff. 3-6-2015; 42 Ky.R. 1921; eff. 3-4-2016; 42 Ky.R. 2937; 43 Ky.R. 202; eff. 8-4-2016; 43 Ky.R. 2032; eff. 7-6-2017 - Amd 44 Ky.R. 2374, 45 Ky.R. 21; eff. 7-5-2018; 45 Ky.R. 3491; eff. 8-20-2019; 47 Ky.R. 1253, 1937; eff. 6-3-2021; 48 Ky.R. 2869; 49 Ky.R. 333; eff. 8/18/2022; 49 Ky.R. 333, 1348, 1763; eff. 5/30/2023.

STATUTORY AUTHORITY: KRS 150.025(1), 150.360, 150.600, 50 C.F.R. 20, 21