301 KAR | Title 301 KAR — Tourism, Arts and Heritage Cabinet - Department of Fish and Wildlife Resources

Chapter 1 Fish

301 KAR 1:001 Definitions for 301 KAR Chapter 1 {#sec-301-kar-1-001 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:001}

Section 1. Definitions.

(1) "Adjacent landowner" means the owner of real property that shares a common boundary with department property.

(2) "Angler" means a person holding a valid resident or nonresident fishing license and includes those persons who are fishing license exempt as established in KRS 150.170.

(3) "APHIS" means U.S. Department of Agriculture Animal and Plant Health Inspection Service.

(4) "APHIS-approved laboratory" means a laboratory authorized by a state, tribal, or federal primacy authority to analyze aquatic animal health and perform assays for the detection of the VHS virus.

(5) "Aquarium species" means the species of fish that are legally sold in the pet and ornamental trade business and not stocked into waters of the Commonwealth.

(6) "Aquatic organisms" means fish, frog, crayfish, and other aquatic vertebrate and invertebrate.

(7) "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.

(8) "Artificial bait" means a lure, bare hook, or fly made of wood, metal, plastic, feathers, preserved pork rind, or a similar inert material.

(9) "Bar mesh size" means the distance between two (2) knots on a line of a net.

(10) "Boat dock" means a privately owned floating or fixed structure that is used by an adjacent landowner to moor a boat on department property.

(11) "Boat dock tag" means a metal tag provided by the department that has a unique combination of letters and numbers and is permanently affixed to an approved boat dock so that it is visible from the lake.

(12) "Boating access area" means property owned or managed by the department and identified by signs as a public facility for launching and retrieving boats, including:

(a) Ramps, parking lots, courtesy docks, and access roads; and

(b) A zone extending fifty (50) feet into the water adjacent to the department property established in paragraph (a) of this subsection.

(13) "Bow fishing" means shooting rough fish with an arrow with a barbed or retractable style point that has a line attached to it for retrieval with archery equipment, a crossbow, or a pneumatic arrow launching device.

(14) "Buffer zone" means the area from the lake pool level of Cedar Creek Lake to the marked boundary.

(15) "Buyer's permit" means a Commercial Roe-bearing Fish Buyer's Permit.

(16) "By-catch" means any fish that is not an invasive carp or scaled rough fish.

(17) "Camp" means the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, or parking of a motor vehicle, motor home, or trailer for the apparent purpose of overnight occupancy.

(18) "Catfish" means a blue catfish, channel catfish, or flathead catfish.

(19) "Certified VHS free facility" means a fish-rearing facility that has been certified VHS free by an APHIS approved laboratory.

(20) "Chumming" means placing substances in the water for the purpose of attracting fish to a particular area.

(21) "Commercial fisher" means a person holding a valid resident or nonresident commercial fishing license.

(22) "Commercial gear tag" means a metal tag provided by the department and that is attached to legal commercial fishing gear as established in 301 KAR 1:146.

(23) "Crossbow" means a bow designed or fitted with a device to hold an arrow at full or partial draw without the aid from an archer.

(24) "Cull" or "culling" means to release a previously caught fish that an angler has kept as a part of a daily limit and replace it with another fish of the same species.

(25) "Daily limit" means the maximum number of a particular species or group of species a person may legally take in one (1) calendar day while fishing.

(26) "Department property" means lands or waters controlled by the department through ownership, lease, license, easement, or cooperative agreement at department-owned lakes.

(27) "Different body of water":

(a) Means a body of water that is separate and not contiguous to another body of water, including a man-made reservoir that is separated from a downstream river by a dam; and

(b) Does not mean a river, stream, or creek that is separated by a low-level dam.

(28) "Diploid grass carp" means a fish of the genus and species Ctenopharynogodon idella that is reproductively fertile and has not been genetically altered and therefore has the normal set of somatic chromosomes as determined by blood sample.

(29) "Existing structure" means an exempted access or nonaccess structure built on department property prior to April 2, 2010.

(30) "Flag net" means a gill or trammel net that is anchored on one (1) end, with the other end of the net unanchored, allowing this end of the gill or trammel net to float freely.

(31) "Gill net" means a passive capture device in which fishes are captured by becoming wedged, gilled, or entangled in a single panel of webbing fished vertically.

(32) "Harvester permit" means a Commercial Roe-bearing Fish Harvester's Permit.

(33) "Idle speed" means the slowest possible speed at which maneuverability can be maintained.

(34) "Immediate family" means a person's spouse, mother, father, daughter, brother, sister, grandparent, or son.

(35) "Invasive carp" means:

(a) Bighead carp Hypophthalmichthys nobilis;

(b) Black carp Mylopharyngodon piceus;

(d) Silver carp Hypophthalmichthys molitrix.

(36) "Lake" means impounded waters from the dam upstream to the first riffle on the main stem river and tributary streams.

(37) "Live bait" means the organisms established in paragraphs (a) through (h) of this subsection if they are alive:

(a) Live bait fish;

(b) Crayfish;

(d) Frog, except bullfrog;

(e) Tadpole;

(f) Native lamprey;

(g) Asiatic clam (Genus Corbicula); or

(h) Other aquatic invertebrate organisms, except for mussel.

(38) "Live bait fishes" means:

(a) Rough fish, except invasive carp and federally threatened or endangered species, as established in 50 C.F.R. 17.11; or

(b) Redear sunfish less than six (6) inches in length.

(39) "Lower Ohio River Trophy Catfish" means, for the area downstream of Cannelton Lock and Dam in the Ohio River and its tributaries open to commercial fishing:

(a) Blue or flathead catfish that is a minimum of forty (40) inches in length; or

(b) Channel catfish that is a minimum of thirty (30) inches in length.

(40) "Lower Ohio River Trophy Catfish Harvest Permit" means a permit that allows a commercial fisher to harvest Lower Ohio River Trophy Catfish.

(41) "Normal pool" means a water level equal to the elevation of the lake's principal spillway.

(42) "Overflow lake" means a permanent or temporary body of water that receives overflow flood waters from an adjacent stream.

(43) "Pay lake" means a privately owned, impounded body of water where a daily fee is charged to fish and is open to the public.

(44) "Pay lake operator" means a person who holds a valid pay lake license, as established in 301 KAR 3:022.

(45) "Permanent dwelling":

(a) Means a private residence on an adjacent landowner's property that is both fixed in location and of durable permanent construction; and

(b) Does not mean tents, motorized vehicles, trailers, camp trailers, or any type of interim construction or residence.

(46) "Pneumatic arrow launching device" means a device designed to fire an arrow using a compressed air cartridge.

(47) "Possession limit" means the maximum number of unprocessed fish a person holds after two (2) or more days of fishing.

(48) "Processed fish" means a fish that has been gutted, with the head removed.

(49) "Rebuild" means to totally reconstruct.

(50) "Release" means to return a fish to the water from which it was taken immediately after removing the hook.

(51) "Restricted water" means those areas, as established in 301 KAR 1:140, 1:146, 1:150, and 1:155, where:

(a) Commercial fishing is prohibited;

(b) Commercial fishing with gill or trammel nets is prohibited; or

(52) "Roe-bearing fish" means paddlefish, shovelnose sturgeon, and bowfin, regardless of the sex of the fish or the presence or absence of roe.

(53) "Roe-bearing Fish Buyer's Permit" means a permit issued by the department that entitles the permit holder to buy roe-bearing species or roe.

(54) "Roe-bearing Fish Harvester's Permit" means a permit issued by the department to a licensed commercial fisher that entitles the permit holder to harvest and sell roe-bearing species.

(55) "Rough fish" is defined by KRS 150.010(37).

(56) "Scaled rough fish" means any scaled fish that is not an invasive carp, sport fish as established in 301 KAR 1:060, roe bearing fish, or a species ineligible for commercial harvest as established in 301 KAR 1:155.

(57) "Shad" means a live gizzard shad or threadfin shad.

(58) "Shoreline use permit" means a permit issued by the department that allows an adjacent landowner to construct a new access structure or to keep or rebuild an existing structure on department land.

(59) "Single hook" means a hook with no more than one (1) point.

(60) "Size limit" means the minimum legal length of a fish that is measured by laying the fish flat on a ruler with the mouth closed and tail lobes squeezed together.

(61) "Slot limit" means a size range of a fish species that shall be released by an angler.

(62) "Slow speed" means speed attained with the throttle of the motor set at its slowest forward position.

(63) "Speeding and reckless operation" means any operation of a boat in any area of a lake that could endanger other persons or craft using the lake by intimidation, direct contact or by waves created by the speed or reckless operation of a boat.

(64) "Sport fish" means those species established in 301 KAR 1:060.

(65) "Sport fisherman" means a person holding a valid resident or nonresident fishing license and includes a person who is license exempt pursuant to KRS 150.170.

(66) "Temporary aquatic area" means an area:

(a) Temporarily inundated from, but still connected to, a stream, river, or reservoir; and

(b) That persists only for the duration of the elevated water levels.

(67) "Temporary pool" means an area temporarily inundated from, but not connected to, a stream, river, or reservoir.

(68) "Traditional fishing methods" means the act of taking or attempting to take for non-commercial purposes any freshwater fish species using:

(a) Hook and line in hand; or

(b) Rod in hand.

(69) "Trammel net" means a passive capture device in which fishes are captured by becoming wedged, gilled, or entangled in two or three panels of webbing fished vertically.

(70) "Triploid grass carp" means a fish of the genus and species Ctenopharynogodon idella that is reproductively sterile because it has been genetically altered to have an additional or extra set of somatic chromosomes as determined by blood sample.

(71) "Trophy catfish" means a:

(a) Blue or flathead catfish that is a minimum of thirty-five (35) inches in length; or

(b) Channel catfish that is a minimum of twenty-eight (28) inches in length.

(72) "Turtle" means a:

(a) Common snapping turtle (Chelydra serpentina);

(b) Smooth softshell turtle (Apalone mutica); or

(73) "Unlicensed helper" means a person without a commercial fishing license who is assisting a commercial fisher.

(74) "Unprocessed fish" means the whole fish prior to being processed.

(75) "Unprocessed roe" means roe that has been removed from a roe-bearing fish by a food processing plant prior to its sale at a roe-bearing fish buyer's facility.

(76) "VHS" means Viral Hemorrhagic Septicemia, a disease of fish.

(77) "VHS positive state" means any state in the United States, or any Canadian province, listed on the APHIS Web site www.aphis.usda.gov as being positive for Viral Hemorrhagic Septicemia (VHS).

(78) "VHS-regulated fish species" means any species of fish deemed susceptible to VHS and listed on the APHIS Web site at www.aphis.usda.gov.

(79) "Water supply lake" means a lake that:

(a) Is owned by a municipality or other public water supply entity;

(b) Provides potable water supply for the public;

(d) Is not managed by the department.

(80) "Whip set" means a gill net or a trammel net rigged so it is free-floating.

History

RELATES TO: KRS 150.010, 150.025, 150.170, 50 C.F.R. 17.11
STATUTORY AUTHORITY: 150.025(1)(h)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(h) authorizes the department to promulgate administrative regulations to carry out the purposes of KRS Chapter 150. This administrative regulation establishes definitions for terms used in 301 KAR Chapter 1.
History: 50 Ky.R. 25; eff. 7-20-2023; 50 Ky.R. 2289; eff. 11-5-2024.

301 KAR 1:010 Commercial boat docks, concession stands, and boat rental facilities {#sec-301-kar-1-010 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:010}

Section 1. Written Request, Public Notice, and Public Hearings.

(1) The following activities shall be prohibited on - department-owned or - controlled lakes and shorelines without prior written approval from the department:

(a) Construction and operation of a commercial boat dock;

(b) Construction and operation of a concession stand; and

(2) A person, firm, or corporation may submit to the department, in writing, a request to conduct the activities specified in subsection (1) of this section.

(3) Upon receipt of a written request, the department shall:

(a) Provide notice to the general public of the request;

(b) Provide written notice to all known adjacent property owners on the lake for which the request was made; and

(c) Hold a public hearing at a time most convenient to the public and at a location within ten (10) miles of the boundary of the lake so that the public may make comments about the proposed commercial request.

(4) The notices specified in subsection (3) of this section shall include:

(a) At least a thirty (30) day written comment period; and

(b) The date of the next scheduled quarterly meeting involving the Fish and Wildlife Commission when the commercial request will be considered.

Section 2. Department Review and Approval.

(1) The department shall:

(a) Review and consider all written and verbal comments received from the public;

(b) Provide to the Fish and Wildlife Commission:

All written comments received and a synopsis of all verbal comments received; and
A recommendation on the final decision that is based on the following criteria:

a. Public need for the facility;

b. Public support for the facility;

c. If there is an existing facility of the same or similar type on the lake;

d. If there is a suitable location on the lake for the requested facility; and

e. The prior experience of the petitioner.

(2) The commission shall:

(a) Review and consider all comments received;

(b) Consider the written recommendations of the department; and

(3) If one (1) or more of the activities specified in Section 1 of this administrative regulation are approved by the Fish and Wildlife Commission, a person, firm, or corporation shall not begin construction or operation of a commercial boat dock, concession stand, or boat rental business until possessing a signed agreement from the commissioner of the department.

History

RELATES TO: KRS 150.025(1)
STATUTORY AUTHORITY: KRS. KRS 150.620
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.620 authorizes the department to promulgate administrative regulations for the maintenance and operation of the lands it has acquired for public recreation. This administrative regulation establishes the approval process for the construction of commercial boat docks, concession stands, and boat rental facilities on lakes and shoreline owned or controlled by the department.
History: KFWR-F-23; 1 Ky.R. 33; eff. 10-2-1974; 37 Ky.R. 952; eff. 10-7-2010; Crt eff. 11-8-2019.

301 KAR 1:012 Boating, swimming and water skiing and other activities on department-owned or controlled lakes {#sec-301-kar-1-012 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:012}

Section 1. Definitions.

(1) "Slow speed" means speed attained with the throttle of the motor set at its slowest forward position.

(2) "Speeding and reckless operation" means any operation of a boat in any area of a lake that may endanger other persons or craft using the lake by intimidation, direct contact or by waves created by the speed or reckless operation of a boat.

Section 2. Water skiing shall be permitted on Guist Creek Lake and Lake Beshear beginning the third Thursday of May and continuing through September 30, annually, during the daylight hours of 10 a.m. to sunset and only in those areas designated and marked as "ski areas" by buoys or signs by the Department of Fish and Wildlife Resources. Water skiing shall be prohibited in coves or embayments of the lakes.

Section 3. Water skiing and the pulling of water skiers shall be permitted on Lake Malone beginning the third Thursday of May and continuing through October 31, annually, but only during the daylight hours of 10 a.m. to sunset and only in those areas designated and marked as "ski areas" by buoys or signs by the Department of Fish and Wildlife Resources. Water skiing and pulling of a water skier shall be prohibited in coves or embayments of Lake Malone.

Section 4. Water skiing and tubing shall be prohibited on Cedar Creek Lake.

Section 5. Boat speeding and reckless operation of a boat shall be prohibited at any time in any area of any lake owned or controlled by the Department of Fish and Wildlife Resources including the ski zones. All boats, except those being operated in the designated skiing areas during the annual summer water skiing period, shall, in all areas of any lake, maintain slow speed as defined in Section 1 of this administrative regulation when passing any other boat in which the occupants are actively engaged in fishing.

Section 6. Swimming in any lake controlled or owned by the Department of Fish and Wildlife Resources shall be prohibited, except in areas specifically set aside for swimming at which a qualified lifeguard is on duty, or while entering or exiting the water for purposes of water skiing.

Section 7. Camping shall be prohibited on property owned or controlled by the Department of Fish and Wildlife Resources that surrounds a lake owned or controlled by the Department of Fish and Wildlife Resources, except as designated by a department sign.

Section 8. All officers and agents of the Department of Fish and Wildlife Resources shall have full authority to enforce the provisions of this administrative regulation. Failure to comply with the rules and specifications established in this administrative regulation shall constitute grounds for revocation of the rights and privileges of any person to admittance to and to the use of these public waters.

History

RELATES TO: KRS 150.090, 150.620, 150.625, 150.640
STATUTORY AUTHORITY: KRS 150.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to promulgate administrative regulations restricting the use of state recreational areas. This administrative regulation establishes the safety procedures for multiple use of state waters to ensure noninterference with the primary users, fishermen.
History: KFWR-F-149; 1 Ky.R. 148; eff. 12-11-74; 26 Ky.R. 2009; 27 Ky.R. 72; eff. 7-17-2000; 3326; 28 Ky.R. 353; eff. 8-15-2001; 48 Ky.R. 112, 1117; eff. 11-17-2021.

301 KAR 1:016 Use of lands and waters on lakes owned or controlled by the department {#sec-301-kar-1-016 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:016}

Section 1. Definitions.

(1) "Adjacent landowner" means the owner of real property that shares a common boundary with department property.

(2) "Boat dock" means a privately owned floating or fixed structure that is used by an adjacent landowner to moor a boat on department property.

(3) "Boat dock tag" means a metal tag provided by the department that has a unique combination of letters and numbers, and is permanently affixed to an approved boat dock so that it is visible from the lake.

(4) "Department property" means lands or waters controlled by the department through ownership, lease, license, easement, or cooperative agreement at the department-owned lakes listed in Section 2 of this administrative regulation.

(5) "Existing structure" means an exempted access or nonaccess structure built on department property prior to the effective date of this administrative regulation.

(6) "Normal pool" means a water level equal to the elevation of the lake's principal spillway.

(7) "Permanent dwelling" means a private residence on an adjacent landowner's land that is both fixed in location and of durable permanent construction, but does not include tents, motorized vehicles, trailers, camp trailers, or any type of interim construction or residence.

(8) "Rebuild" means to totally reconstruct.

(9) "Shoreline use permit" means a permit issued by the department that allows an adjacent landowner to construct a new access structure or to keep or rebuild an existing structure on department land.

Section 2. Boat Docks, Boat Dock Applications, and Boat Dock Construction Approval.

(1) A boat dock may be constructed on department property by an adjacent landowner if the adjacent property:

(a) Shares at least a fifty (50) foot boundary with the department property if the adjacent boundary lines were extended to the water's edge; and

(b) Is located at one (1) of the following lakes:

Beaver Lake;
Boltz Lake;
Bullock Pen Lake;
Carpenter Lake;
Corinth Lake;
Elmer Davis Lake;
Guist Creek Lake;
Kincaid Lake;
Kingfisher Lakes; or
Lake Malone.

(2) Prior to constructing a boat dock, an adjacent landowner shall submit a completed Boat Dock Application to the department, accompanied by the permit fee for the dock as established in 301 KAR 3:022, except that the fee shall be prorated for every year remaining in the ten (10) year permit period.

(3) Boat dock construction shall not begin until:

(a) An on-site inspection by an authorized department employee has been completed; and

(b) The applicant has obtained written approval from the department to begin construction.

(4) Boat dock construction approval shall be valid for one (1) year from the date of issuance.

(5) A boat dock applicant shall:

(a) Report to the department when construction of a new boat dock is complete, an existing boat dock has been rebuilt, or an existing dock has been brought into compliance; and

(b) Allow inspection of the boat dock by an authorized department employee.

(6) An adjacent landowner with an existing boat dock on Bullock Pen Lake shall be required to obtain a Boat Dock Permit, but shall not be required to pay the permit fee until 2018.

Section 3. Boat Dock Permits.

(1) The department shall issue a Boat Dock Permit and Boat Dock Tag to an adjacent landowner:

(a) Who has satisfied the boat dock application requirements in Section 2 of this administrative regulation;

(b) Who has a boat dock that has passed a final inspection by an authorized department employee;

(d) Who remains compliant with all the provisions of this administrative regulation.

(2) The Boat Dock Tag issued with the boat dock permit shall be affixed to the front edge of the dock facing the lake.

(3) A Boat Dock Permit shall:

(a) Be valid for a ten (10) year period, with the current permit period expiring December 31, 2017 and the next permit period beginning January 1, 2018;

(b) Be renewed within ninety (90) days of the termination date by:

Paying the fee as established in 301 KAR 3:022; and
Submitting an affidavit that no unauthorized addition or modification has been made to the boat dock;

(d) Not be renewed by the department if the boat dock is out of compliance, except as established in Section 4 or Section 7 of this administrative regulation; and

(e) Prohibit the permittee from renting, leasing, or licensing the dock to another person for any purpose.

(4) An adjacent landowner who owns multiple contiguous properties adjacent to department property shall:

(a) Not be issued more Boat Dock Permits than the number of completed permanent dwellings on those properties; or

(b) Qualify for one (1) Boat Dock Permit if there is no completed permanent dwelling on any of the contiguous properties.

(5) An adjacent landowner shall only be eligible for one (1) Boat Dock Permit per adjacent property.

Section 4. Boat Dock Specifications and Requirements.

(1) A boat dock constructed or rebuilt after the effective date of this administrative regulation shall not exceed:

(a) Eight (8) by sixteen (16) feet in dimension; and

(b) A surface area of more than 128 square feet.

(2) The longest dimension of the boat dock shall be positioned perpendicular to the shore.

(3) A boat dock shall not have more than one (1) walkway connecting the boat dock to the shore that shall:

(a) Be positioned perpendicular to the shore;

(b) Be anchored to department property by:

A concrete pad no larger than ten (10) square feet; or
Two (2) metal posts on each side of the walkway.

(d) Be the shorter of:

A length sufficient to reach a water depth of two (2) feet when the lake is at normal pool; or
Twenty (20) feet in length.

(e) Not be used for boat mooring.

(4) The flotation for a boat dock shall be made from materials manufactured for marine use.

(5) All wooden material on a boat dock shall be kiln-dried lumber that has been commercially pressure-treated with a wood preservative and shall not be painted.

(6) A boat dock shall moor no more than:

(a) Two (2) boats; or

(b) One (1) boat and up to two (2) personal watercraft on Lake Malone and Guist Creek Lake only.

(7) A personal watercraft mooring system that is attached to an approved boat dock at Lake Malone and Guist Creek Lake shall:

(a) Be a commercially manufactured floating system;

(b) Not exceed:

Six (6) feet in width and fifteen (15) feet in length if mooring a single personal watercraft; or
Twelve (12) feet in width and fifteen (15) feet in length if mooring two (2) personal watercraft; and

(8) An additional johnboat, canoe, or personal watercraft may be stored on top of a boat dock, except a personal watercraft shall only be stored on top if a commercially manufactured self-loading ramp is used.

(9) The following items shall be prohibited on boat docks:

(a) An enclosed structure;

(b) An unenclosed structure; and

(c) Any other items, structures, or deviations not identified in a previously obtained waiver, pursuant to Section 7 of this administrative regulation.

(10) A boat dock that was constructed prior to the effective date of this administrative regulation shall be exempt from the requirements established in subsections 1 through 6 of this section for the life of the boat dock.

(11) A boat dock owner who rebuilds an existing dock, including those exempted by subsection 10 of this section, shall reapply and meet all the requirements established in this section, except as established in Section 7 of this administrative regulation.

(12) A boat dock permit holder who applies to rebuild an existing, legally permitted boat dock during the ten (10) year permit period shall be exempt from paying the permit fee until permit renewal.

(13) A private community boat dock or a private multi-slip boat facility shall not be allowed except as approved by the Finance and Administration Cabinet prior to January 1, 2010.

Section 5. Access Structures and Shoreline Use Permits.

(1) A shoreline use permit shall only be issued for the following lakes:

(a) Beaver Lake;

(b) Carpenter Lake;

(d) Elmer Davis Lake;

(e) Guist Creek Lake;

(f) Kincaid Lake; and

(g) Lake Malone.

(2) Shoreline Use Permits shall be valid for a fifteen (15) year period beginning January 1, 2010.

(3) An adjacent landowner with an existing structure shall apply for a Shoreline Use Permit within ninety (90) days following the effective date of this administrative regulation.

(4) Prior to constructing a new access structure, rebuilding an existing access structure, or permitting an existing structure, an adjacent landowner shall submit to the department:

(a) A completed Shoreline Use Permit Application; and

(b) The appropriate permit fee if applicable, as established in 301 KAR 3:022, except that the fee shall be prorated to the nearest five (5) year interval that remains in the fifteen (15) year permit period.

(5) An adjacent landowner shall not begin construction of a new access structure or begin rebuilding an existing access structure until:

(a) An authorized department employee conducts an on-site visit and determines the type of access structure necessary for safe passage to the lake; and

(b) The adjacent landowner receives written approval from the department.

(6) Access structure construction approval shall be valid for one (1) year from the date of approval.

(7) A Shoreline Use Permit shall not be issued unless all shoreline structures have passed final inspection by an authorized department employee.

(8) A new access structure shall only include the following:

(a) A ground level pathway that shall:

Only have pretreated lumber or railroad ties as edging;
Not consist of asphalt, concrete, or any other permanent surface;
Only consist of crushed stone, wood chips, or other removable material as fill between the edging, except that local natural stones or rocks may be used as steps;
Not exceed five (5) feet in width including the edging; and
Follow the natural contour of the land if possible.

(b) A raised ground level pathway that shall:

Not exceed eight (8) inches in height;
Not exceed forty (40) steps, with each step not exceeding five (5) feet in width and eight (8) feet in length;
Only consist of pretreated, unpainted lumber; and
Follow the natural contour of the land if possible.

Not exceed four (4) feet in width;
Not have more than one (1) landing that does not exceed four (4) feet in width and four (4) feet in length;
Not have more than twenty (20) steps if a landing is not used;
Not have more than thirty (30) steps if a landing is used;
Only consist of pretreated, unpainted lumber; and
Conform to prevailing building code standards for stairs for the county of record or, if those standards do not exist, comply with Section 1009 of the Kentucky Building Code Standards for stairs, as established by 815 KAR 7:120; or

(d) A foot bridge that shall:

Not exceed four (4) feet in width and twelve (12) feet in length;
Not use a tree as an anchoring device; and
Only consist of pretreated, unpainted lumber.

(9) An adjacent landowner who has an existing access structure that was constructed prior to the effective date of this administrative regulation, shall be exempt from the requirements of subsection (8) of this section for the life of the structure, if the landowner applies for and maintains a valid Shoreline Use Permit.

(10) An adjacent landowner who rebuilds an existing access structure, including those grandfathered in subsection (9) of this section, shall be exempt from the requirements established in subsection 8 of this section provided the landowner maintains a valid Shoreline Use Permit.

(11) An existing access structure:

(a) May be adequately maintained to extend the life of the structure;

(b) May be rebuilt with less than or equal to the same number of steps in the original structure;

(d) Shall conform to prevailing building code standards for the county of record or, if those standards do not exist, comply with Section 1009 of the Kentucky Building Code Standards for stairs, as established in 815 KAR 7:120.

(12) A Shoreline Use Permit shall:

(a) Be renewed every fifteen (15) years within ninety (90) days of the termination date by:

Paying the fee established in 301 KAR 3:022; and
Submitting an affidavit that an unauthorized addition or modification has not been made to a permitted structure.

(b) Be transferable at no additional cost, if ownership changes, for the remainder of the fifteen (15) year period; and

(c) Not be renewed if the access structure is out of compliance, except if the access structure was built prior to the effective date of this administrative regulation.

(d) Be extended, by written request to the department, for an additional twelve (12) months if the property is transferred or the landowner dies during year fifteen (15) of the permit period.

(13) An existing noncompliant access structure, pursuant to Section 8 of this administrative regulation, shall be removed at the owner's expense.

(14) Nonaccess structures, such as gazebos or storage buildings, excluding existing permanent dwellings, shall be:

(a) Itemized in the adjacent landowner's Shoreline Use Permit; and

(b) Allowed to be kept and maintained by an adjacent landowner for the life of the structure provided the landowner maintains a valid Shoreline Use Permit.

(15) The Shoreline Use Permit fee, as established in 301 KAR 3:022, shall be based on the types of access structures established in subsection (8) of this section, and consist of the following three (3) tiers:

(a) A Tier I permitted structure shall include:

All compliant access structures pursuant to subsection (8) of this section;
An existing access structure with fifteen (15) or less steps that is not compliant, pursuant to subsection (8) of this section;
An existing footbridge; or
A new footbridge that is compliant, pursuant to subsection 8 of this section.

(b) A Tier II permitted structure shall include:

An existing access structure having thirty (30) or less concrete steps; or
An existing access structure that does not comply with the requirements established in subsection (8) of this section, and having sixteen (16) to thirty (30) steps.

An existing access structure, including a concrete access structure, that does not comply with the requirements established in subsection 8 of this section, and having more than thirty (30) steps;
A new access structure that does not comply with the requirements established in subsection (8) of this section, and requires a waiver pursuant to the requirements of Section 7 of this administrative regulation.
An existing staircase that has one (1) or more landings that exceed a four (4) feet in width or four (4) feet in length; or
An existing nonaccess structure, such as a storage shed or gazebo.

(16) If an adjacent landowner applies for a Shoreline Use Permit for multiple structures that cover more than one (1) tier, a single permit will be issued at the highest tier level for which the applicant qualifies.

(17) A concrete access structure shall not be rebuilt.

Section 6. Other Activities on Department Property.

(1) A person shall not be permitted to take water from the lakes listed in Section 2 of this administrative regulation, except for:

(a) Residential use by adjacent landowners;

(b) Temporary use in a time of emergency drought; or

(2) A person, without obtaining written permission from the department, shall not:

(a) Place or build any unpermitted object or structure;

(b) Plant any vegetation;

(d) Take water from any lake listed in Section 2 of this administrative regulation;

(e) Cut, clear, burn, damage, or kill trees or shrubs greater than two (2) inches in diameter measured at ground level; or

(f) Moor a boat to the shoreline for more than forty-eight (48) hours.

Section 7. Waivers.

(1) An adjacent landowner shall obtain a waiver from the department for any deviation to the specifications established in this administrative regulation by:

(a) Submitting a written request to the department; and

(b) Providing a detailed plan to the department of any planned deviation.

(2) A person shall not begin construction on a project that includes a planned deviation until the department has approved a waiver.

(3) The department, in deciding whether to grant a waiver for a new access structure, shall consider if:

(a) The deviation is in substantial compliance with the requirements established in this administrative regulation;

(b) The deviation poses a potential safety hazard;

(d) The waiver request exceeds the staircase landing dimension or step limit by more than twenty (20) percent; and

(e) A new staircase will conform to prevailing building code standards for the county of record or, if those standards do not exist, complies with Section 1009 of the Kentucky Building Code Standards for stairs, as established in 815 KAR 7:120.

(4) The department, in deciding whether to grant a waiver for a boat dock, shall consider if:

(a) The deviation is in substantial compliance with the requirements established in this administrative regulation;

(b) The deviation poses a potential safety hazard; and

(5) An adjacent landowner, either individually or as a director or high managerial agent of a business organization, who violates any provision of this administrative regulation shall be denied a waiver for a new or rebuilt structure for a period of two (2) years from the date of the citation, with the waiver denial applying to:

(a) The individual; and

(b) Any business for which the person is a director or high managerial agent.

Section 8. Noncompliance, Permit Revocation, and Appeals.

(1) The department shall revoke each Boat Dock Permit and Shoreline Use Permit issued to a person if that permit holder:

(a) Without department approval rebuilds an existing:

Boat dock;
Access structure; or
Nonaccess structure.

(b) Constructs or places a new nonaccess structure on department property;

Maintain the boat dock, boat dock walkway, access structure, or nonaccess structure in a structurally sound condition; or
Renew the Boat Dock or Shoreline Use Permit within ninety (90) days of expiration.

(2) An adjacent landowner who has a noncompliant boat dock, boat dock walkway, access structure, or nonaccess structure shall be notified in writing by the department that the landowner has sixty (60) days to come into compliance, to remove the boat dock, walkway, or structure, or to make an appeal as established in subsection 6 of this section.

(3) If the requirements of subsection (2) of this section are not met within sixty (60) days, the department shall have the authority to remove the noncompliant structure at the owner's expense and the structure shall become the property of the department.

(4) If an adjacent landowner, either individually or as a director or high managerial agent of a business organization, violates any provision of this administrative regulation for a second time, the department shall revoke for a period of three (3) years from the date of the second citation all Boat Dock Permits and Shoreline Use Permits issued to:

(a) The adjacent landowner;

(b) Any business organization for whom the individual adjacent landowner is a director or high managerial agent; and

(5) The following shall apply for any adjacent landowner whose permit is revoked pursuant to subsection (4) of this section:

(a) All structures shall be removed at the owner's expense within thirty (30) days of revocation if an appeal is not filed.

(b) If the structures are not removed by the owner within thirty (30) days and no appeal is filed, the department shall have the authority to remove the structure at the owner's expense; and

(6) An adjacent landowner whose waiver request is denied or whose permit is denied or revoked may appeal the decision in accordance with the provisions of KRS Chapter 13B.

(a) The department shall appoint a hearing officer and conduct the hearing in accordance with the provisions of KRS Chapter 13B;

(b) The hearing officer shall make a recommendation to the Department of Fish and Wildlife Resources' Commission;

(d) An appeal of the Commission's decision shall be in accordance with the provisions of KRS Chapter 13B; and

(e) At the conclusion of all appeals or at the expiration of any appeal period for which an appeal has not been made:

The owner shall remove any unauthorized structure within ten (10) days, at the owner's expense;
An unauthorized structure that has not been removed by the owner within ten (10) days shall be removed by the department at the owner's expense; and
Each structure removed pursuant to subparagraph (2) of this paragraph shall become the property of the department.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Boat Dock Permit Application, 2010"; and

(b) "Shoreline Use Permit Application, 3/2010".

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Fisheries Division, 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.

History

RELATES TO: KRS 150.090, 150.625, 150.640
STATUTORY AUTHORITY: KRS 150.025(1), 150.620
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations reasonably necessary to implement or carry out the purposes of KRS Chapter 150. KRS 150.620 authorizes the department to promulgate administrative regulations governing the use of lands and waters it has acquired for wildlife management and public recreation. This administrative regulation governs all private structures on property owned or controlled by the department, the private use of public lake water, and permitted and prohibited activities on department-owned or controlled land surrounding department-owned waters.
History: KFWR-F-150; 1 Ky.R. 345; eff. 2-5-1975; Am. 10 Ky.R. 963; eff. 3-2-1984; 11 Ky.R. 1126; eff. 3-12-1985; 22 Ky.R. 1488; 1995; eff. 5-16-1996; 23 Ky.R. 2197; 2713; eff. 1-10-1997; 34 Ky.R. 845; 1392; eff. 12-12-2007; 36 Ky.R. 1099; 1501; 2050; eff. 4-2-2010; l 48 Ky.R. 113, 1117; eff. 11-17-2021.

301 KAR 1:018 Use of boating access areas {#sec-301-kar-1-018 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:018}

Section 1. Definitions.

(1) "Boating access area" means property owned or managed by the department and identified by signs as a public facility for launching and retrieving boats, including:

(a) Ramps, parking lots, courtesy docks, and access roads; and

(b) A zone extending fifty (50) feet into the water adjacent to the department property described in paragraph (a) of this subsection.

(2) "Camp" means the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, or parking of a motor vehicle, motor home, or trailer for the apparent purpose of overnight occupancy.

Section 2. At a boating access area, a person shall not:

(1) Engage in an activity that would interfere with:

(a) Launching or retrieving a boat; or

(b) Parking a vehicle used to transport a boat to the area;

(2) Except as necessary to launch or retrieve a boat:

(a) Swim or wade;

(b) Moor or anchor watercraft; or

(3) Discharge firearms;

(4) Build or maintain a fire;

(5) Camp;

(6) Without permission from the department:

(a) Solicit; or

(b) Advertise;

(7) Engage in a commercial activity;

(8) Park in a way that obstructs the normal flow of traffic; or

(9) Consume alcoholic beverages or possess open alcoholic beverages containers.

History

RELATES TO: KRS 150.620, 235.315, 433.757
STATUTORY AUTHORITY: KRS 150.025, 150.620, 235.280
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.620 authorizes the department to establish public shooting and fishing grounds and similar or related recreational facilities. KRS 235.280 requires the department to promulgate administrative regulations to govern the fair, reasonable, equitable and safe use of the waters of this state. This administrative regulation establishes the activities that are not allowed at boating access areas.
History: 26 Ky.R. 2113; Am. 27 Ky.R. 73; eff. 7-17-2000; 48 Ky.R. 117, 1120; eff. 11-17-2021.

301 KAR 1:019 Cedar Creek Lake {#sec-301-kar-1-019 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:019}

Section 1. Definitions. (1) "Buffer zone" means the area from the lake pool level of Cedar Creek Lake to the marked boundary.

Section 2. Prohibited Activities in the Buffer Zone. A person shall not construct, alter, or place any structure of any kind within the buffer zone. The following structures and items are specifically prohibited:

(1) Private boat ramps;

(2) Private stairways or permanent steps;

(3) Private boat docks, boat houses, or fishing piers;

(4) Roadways, turnarounds, or parking for vehicular traffic;

(5) Motorized vehicular traffic, including all-terrain vehicles;

(6) Electric lines, water lines, or other public or private utilities without prior approval;

(7) Removal or destruction of vegetation by any means;

(8) Burning;

(9) Fencing;

(10) Painting of trees, stumps, or rock outcrops;

(11) Picnic tables, swings, patios, or signs;

(12) Flower or vegetable gardens;

(13) Livestock grazing or watering;

(14) Camping, except in designated areas; and

(15) Use or placement of mechanical equipment.

Section 3. Footpaths that provide access to the lake and are less than five (5) feet in width shall be permitted. Vegetation less than one (1) inch in diameter may be removed to develop a footpath. Only wood chips or similar natural material may be used to surface and maintain footpaths.

Section 4. Water withdrawal from Cedar Creek Lake shall be prohibited for public or private purposes.

Section 5. Activities on Cedar Creek Lake.

(1) Swimming shall be prohibited except in designated areas.

(2) Water skiing and tubing shall be prohibited on the lake.

Section 6. Boat Restrictions. (1) Boat and motor restrictions for the lake are established in 301 KAR 1:015.

History

RELATES TO: KRS 150.025, 150.620, 150.625, 150.640
STATUTORY AUTHORITY: KRS 150.025, 150.620
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 and 150.620 authorize the department to promulgate administrative regulations restricting the use of state recreational areas. This administrative regulation establishes the safety procedures for multiple use of state waters to ensure noninterference with the primary users, fishermen.
History: 27 Ky.R. 3467; Am. 28 Ky.R. 353; eff. 8-15-2001; 29 Ky.R. 2126; 2453; eff. 4-11-2003; 48 Ky.R. 119, 1121; eff. 11-17-2021.

301 KAR 1:031 Land Between the Lakes provisions {#sec-301-kar-1-031 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:031}

Section 1. Fishing shall be permitted in Land Between the Lakes in accordance with the following requirements:

(1) Energy Lake.

(a) Fishing from a boat or the bank shall be permitted year-round except in the waterfowl refuge area.

(b) The waterfowl refuge area shall be the western one-third (1/3) of the lake and it shall be open to fishing from March 16 through October 31.

(2) Honker Lake.

(a) Fishing from a boat or the bank shall be permitted from March 16 through October 31.

(b) Fishing shall be permitted year-round in the portion of Honker Lake which extends from near the end, as indicated by signs, of the Long Creek Walk handicap trail to the base of the Hematite Lake spillway.

(3) Hematite Lake.

(a) Fishing from a boat or the bank shall be permitted from March 16 through October 31.

(b) Gas-powered motors shall not be permitted.

(4) Farm ponds. Farm ponds shall be open to fishing year-round unless posted.

(5) Lake Barkley and Kentucky Lake.

(a) Fishing shall be open year-round unless posted.

(b) Bank fishing and frogging from the shoreline shall be permitted except in areas that are posted as closed for waterfowl refuges and other special uses.

Section 2. Frogs may be taken in farm ponds and Energy and Honker Lakes by gigs only from May 15 through May 31. Hematite Lake and other areas as posted shall be closed to frogging.

Section 3.

(1) Boats shall operate at "no wake" speed on Energy and Honker Lakes.

(2) A federal permit shall not be required for fishing or frogging.

(3) All administrative regulations pertaining to fishing and limits shall apply.

History

RELATES TO: KRS 150.025, 150.090, 150.170, 150.175, 150.250, 150.340, 150.360, 150.370, 150.470
STATUTORY AUTHORITY: KRS 150.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to promulgate administrative regulations restricting the use of state recreational areas, establish seasons for the taking of fish and wildlife, regulate creel limits and methods of take, and to make these requirements apply to a limited area. The U.S. Forest Service has requested the Kentucky Department of Fish and Wildlife Resources to enforce its special fishing administrative regulations on the Land Between the Lakes National Recreation Area waters. This administrative regulation establishes the conditions and provisions under which fishing is permitted in the Land Between the Lakes area, provides for enforcement by state conservation officers, and provides compliance with the U.S. Forest Service.
History: KFWR-F-TVA-1-1; 1 Ky.R. 346; eff. 2-5-75; Am. 13 Ky.R. 2031; eff. 7-2-87; 33 Ky.R. 514; 1075; eff. 10-11-2006; 48 Ky.R. 120, 1121; eff. 11-17-2021.

301 KAR 1:035 Cumberland Gap National Historical Park {#sec-301-kar-1-035 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:035}

Section 1. The following rules shall apply to those portions of Shillalah Creek and Martins Fork Creek lying wholly within the Cumberland Gap National Historical Park.

(1) Fishing is permitted from sunrise to sunset only.

(2) During any period of emergency or to prevent overuse by fishermen of waters open to fishing in Cumberland Gap National Historical Park, the superintendent, in his discretion may close to fishing all or any portion of such open waters for such periods of time that may be necessary: Provided, the notice be given by the posting of appropriate signs, notices and markers.

(3) The waters of Shillalah Creek and Martins Fork Creek, inclusive of its tributaries are designated as "sport fishing streams" only.

(4) Fishing is permitted from May 15 through September 15 inclusive.

(5) No trout less than twelve (12) inches in length may be retained from Martins Fork Creek and no trout less than ten (10) inches in length may be retained from Shillalah Creek. All undersized fish shall be immediately and carefully returned to water.

(6) The limit of catch per day or possession by each person shall not exceed two (2) trout. Immediately upon retention of the limit of trout the fisherman must disassemble his fishing tackle and cease fishing.

(7) Fishing is permitted only with artificial flies or lures with a single hook. Possession of fish eggs, small fish, insects, worms and other similar organic bait or parts thereof while in the possession of fishing tackle is prohibited.

(8) The National Park Service makes no charge for fishing, but persons fishing within the park in these waters must procure a resident or nonresident state license and trout stamp as issued and required by the State of Kentucky.

Section 2. That portion of the Little Yellow Creek and its tributaries lying within the boundaries of Cumberland Gap National Historical Park are reserved, posted and open to fishing year round, exclusively for children fourteen (14) years of age and under. State size limits will be adhered to.

(1) The limit of catch per day or possession by each child shall be four (4) fish. Immediately upon retention of the limit of fish, each child must disassemble his fishing tackle and cease fishing.

(2) Bait is permitted, however, the use of dead fish and fish eggs or the digging for bait on park lands are prohibited.

History

RELATES TO: KRS 150.025, 150.170, 150.175, 150.250, 150.470
STATUTORY AUTHORITY: KRS 13A.350, 150.025
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is a cooperative effort by the state and national parks to permit use of a limited and specialized resource.
History: KFWR-F-NP1-1; 1 Ky.R. 149; eff. 12-11-1974; 6 Ky.R. 684; eff. 8-6-1980; Crt eff. 11-8-2019.

301 KAR 1:050 Small state-owned lakes, special administrative regulations of {#sec-301-kar-1-050 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:050}

Section 1. The Commissioner of the Department of Fish and Wildlife Resources with the concurrence of the Department of Fish and Wildlife Resources Commission declares that from time to time special creel limits, possession limits, and size limits on fishes may be necessary because of unique or special needs to protect the fish populations of the smaller state-owned lakes.

Section 2. These special limits shall be conspicuously posted on the premises of these lakes. It shall be the responsibility of each individual fishing these lakes to become familiar with these special limits and to abide by them.

Section 3. Failure of any person to comply with the posted special limits shall be a violation of this administrative regulation.

History

RELATES TO: KRS 150.010, 150.170, 150.175, 150.340, 150.620, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.470
NECESSITY, FUNCTION, AND CONFORMITY: 150.025(1) authorizes the department to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate creel limits and methods of take, and to make these requirements apply to a limited area. KRS 150.470 authorizes the department to promulgate administrative regulations for creel and size limits for fish. This administrative regulation establishes notice of the department's authority to set special creel, possession, and size limits on fishes to protect the fish population in small state-owned lakes.
History: KFWR-F-113; 1 Ky.R. 62; eff. 11-3-1974; 48 Ky.R. 0122, 1122; eff. 11-17-2021.

301 KAR 1:058 Methods for taking turtles {#sec-301-kar-1-058 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:058}

Section 1. Definition. "Turtle" means a:

(1) Common snapping turtle (Chelydra serpentina);

(2) Smooth softshell turtle (Apalone mutica); or

(3) Spiny softshell turtle (Apalone spinifera).

Section 2. Turtle Season and Methods of Taking.

(1) Turtle season shall be open year-round.

(2) Turtles may be taken day or night.

(3) Unless exempt from license requirements by KRS 150.170(2), (3), (4), or (6), a person who takes a turtle shall possess a valid:

(a) Hunting license if using:

A gun; or
Bow and arrow;

(b) Sport fishing license if:

Using a hook and line in hand;
Using a fishing rod or fishing pole in hand;
Jugging;
Using a setline;
Using a sport fishing trot line;
Grabbing by hand;
Grabbing with a handled hook;
Gigging;
Snagging; or
Using a turtle trap as specified in subsections (4), (5), and (6) of this section.

(4) A turtle trap shall:

(a) Be a barrel or drum with a tilting board trigger; or

(b) Be a floating log raft with an enclosed twine or wire mesh bag.

(5) Turtle traps shall not be constructed or set so that other animals may reasonably be expected to be caught.

(6) A person setting a turtle trap shall:

(a) Inspect the trap daily;

(b) Remove turtles from the trap, except that one (1) decoy turtle may remain in the trap; and

(7) A person shall not use commercial fishing gear to take turtles, pursuant to 301 KAR 1:146.

(8) A person shall not take turtles for commercial purposes.

History

RELATES TO: KRS 150.010, 150.400
STATUTORY AUTHORITY: KRS 150.025(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. This administrative regulation establishes the species of turtles which may be taken, and the legal methods to take turtles.
History: 2 Ky.R. 184; eff. 11-12-1975; 25 Ky.R. 1684; eff. 3-10-1999; 30 Ky.R. 2548; 31 Ky.R. 340; eff. 8-26-2004; 38 Ky.R. 1659; 1856; eff. 6-1-2012; Crt eff. 11-8-2019.

301 KAR 1:060 Sport and rough fish {#sec-301-kar-1-060 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:060}

Section 1. The following fishes are designated sport fishes and may be taken only by angling:

(1) Large mouth bass;

(2) Rock fish (striped bass);

(3) Small mouth Bass;

(4) White Bass;

(5) Kentucky Bass;

(6) Yellow Bass;

(7) Coosa Bass;

(8) Musky;

(9) Rock Bass;

(10) Northern Pike;

(11) White Crappie;

(12) Black Crappie;

(13) Chain Pickerel;

(14) Trout;

(15) Walleye;

(16) Sauger;

(17) Redear Sunfish; and

(18) Hybrids of any of the above.

Section 2. All species of fishes, except those listed in Section 1 of this administrative regulation, are hereby designated as rough fish and may be harvested by the methods prescribed by any section of KRS Chapter 150 or 301 KAR Chapter 1.

Section 3. Sport fish, regardless of size or how obtained, shall not be used as bait, except, Redear Sunfish less than six (6) inches long may be used as bait.

History

RELATES TO: KRS 150.010, 150.015
STATUTORY AUTHORITY: KRS 150.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to regulate the taking of wildlife, including fish. This administrative regulation designates fish that shall be considered sport fish.
History: KFWR-F-120; 1 Ky.R. 63; eff. 11-13-1974; 6 Ky.R. 186; eff. 11-7-1979; 19 Ky.R. 453; eff. 9-23-1992; 31 Ky.R. 819; 1072; eff. 1-4-2005; TAm eff. 9-12-2019; Crt eff. 11-8-2019.

301 KAR 1:080 Fish and aquatic organisms {#sec-301-kar-1-080 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:080}

Section 1. It is hereby declared that no person may "take," as defined in KRS 150.010, fish and/or aquatic organisms from the public or private waters of the Commonwealth except by the methods and gear authorized during the seasons designated, and of the sizes (lengths) and kinds prescribed in the Kentucky Revised Statutes or the administrative regulations of the Kentucky Department of Fish and Wildlife Resources.

History

RELATES TO: KRS 150.010, 150.025
STATUTORY AUTHORITY: KRS 13A, 350, 150.025
NECESSITY, FUNCTION, AND CONFORMITY: The purpose of this administrative regulation is to limit the taking of fishes to lawful means. It is necessary to protect the fish population.
History: KFWR-F-123; 1 Ky.R. 63; eff. 11-13-1974; Crt eff. 11-8-2019.

301 KAR 1:082 Frog season; limits {#sec-301-kar-1-082 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:082}

Section 1. The open season on bullfrogs shall begin at 12 noon on the 3rd Friday in May and continue until 12 midnight October 31. The daily creel limit shall be fifteen (15) bullfrogs with a possession limit of thirty (30) bullfrogs after two (2) or more days frogging. Each day for taking bullfrogs shall begin at 12 noon and end at 12 noon the following day. A person shall not have more than fifteen (15) bullfrogs in his possession while in the field.

Section 2. Bullfrogs may be taken with gig, by hand, bow and arrow, firearm, or hook and line from public and private waters. If bullfrogs are taken with firearm or bow and arrow, a hunting license is required. If bullfrogs are taken by use of a pole and line, a fishing license is required. If bullfrogs are taken with hand or by use of a gig, a fishing license or a hunting license is valid.

Section 3. It shall be illegal to possess a gig, of any type, while in a boat, or on or in a stream or lake, from November 1 through the last day of January of the following year.

History

RELATES TO: KRS 150.175, 150.360
STATUTORY AUTHORITY: KRS 150.025(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate creel limits and methods of take, and to make these requirements apply to a limited area. This administrative regulation establishes the season, time, bag limit, and manner of taking for bullfrogs to utilize and conserve the bullfrog population.
History: KFWR-F-98; 1 Ky.R. 241; eff. 1-8-1975; Am. 11 Ky.R. 1127; eff. 3-12-1985; 48 Ky.R. 123, 1122; eff. 11-17-2021.

301 KAR 1:110 Prohibition on raising or hatching fish in public waters {#sec-301-kar-1-110 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:110}

Section 1. A person or organization shall not use public waters to raise or hatch fish or aquatic organisms for private or commercial purposes except as specified in Section 2 of this administrative regulation. This includes cage culture of fishes.

Section 2. The commissioner may grant approval and issue a permit for paddlefish to be stocked and reared in approved water supply lakes for aquaculture purposes pursuant to 301 KAR 1:115, Section 6.

History

RELATES TO: KRS 150.025, 150.180(2)(7), 150.280
STATUTORY AUTHORITY: KRS 150.025, 150.280
NECESSITY, FUNCTION, AND CONFORMITY: The purpose of this administrative regulation is to prohibit the raising or hatching of fish in public waters. It is necessary in order to protect the fish population.
History: KFWR-F-147; 1 Ky.R. 64; eff. 11-13-1974; 32 Ky.R. 2083; 33 Ky.R. 86; eff. 7-12-2006; Crt eff. 11-8-2019.

301 KAR 1:115 Propagation of aquatic organisms {#sec-301-kar-1-115 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:115}

Section 1. Permit Requirements and Application Procedures.

(1) Before acquiring or propagating aquatic organisms, an individual, corporation, or other business entity shall obtain a permit from the department by:

(a) Submitting a completed Fisheries Commercial Propagation Permit Application provided by the department; and

(b) Paying the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

(2) The department shall issue a free permit to elementary, middle, and secondary schools and similar educational institutions if the propagated organisms are to be used for educational purposes.

Section 2. Acquisition of Brood Stock from Public Waters.

(1) A permit holder may obtain from public waters a maximum of 1,500 live bait fishes or crayfish per surface acre of water used for propagation of a particular species.

(2) Each permit holder shall obtain brood stock from public waters no more than one (1) time for both live bait fishes and crayfish.

(3) A game warden shall supervise the acquisition of brood stock from public waters.

(4) A permit holder shall use gear as established in 301 KAR 1:130 to acquire aquatic organisms from public waters.

(5) A permit holder may sell propagated aquatic organisms.

Section 3. An individual, corporation, or other business entity may request to stock and rear paddlefish in a water supply lake for aquaculture purposes as established in 301 KAR 1:110 by submitting a completed Fisheries Commercial Propagation Permit Application to the department, along with the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

(1) A municipality may allow a permitted second party to rear paddlefish in a water supply lake.

(2) If a municipality or other public water supply entity allows a second party to rear paddlefish, a contractual agreement between the two (2) granting permission to use the lake for rearing paddlefish shall be required for the extent of the rearing period. A copy of the contractual agreement shall be submitted to the department before a permit is issued.

(3) Water supply lakes that are currently open to sport fishing shall be required to remain open to sport fishing throughout the length of the rearing of paddlefish.

(4) Paddlefish shall be the only species permitted to be stocked by the permit holder in a water supply lake.

(5) The number of paddlefish stocking events for each rearing period shall be limited to one (1) for each approved water supply lake. Any additional stocking events shall require prior written approval from the Fisheries Division. A permit holder may request approval from the Fisheries Division by submitting a written request. Approval shall be granted for any single mortality event where ten (10) percent or more of fish from the initial stocking, calculated as fish per acre, are observed dead.

(6) The permit applicant shall list the name of each water supply lake on the Fisheries Commercial Propagation Permit Application.

(7) A permit shall be obtained for every year of the paddlefish rearing period.

(8) The department shall not enforce the protection of the stocked paddlefish.

(9) Paddlefish that escape in the stream, either above or below the lake, shall not be considered property of the permit holder.

(10) The department shall not be responsible for any corrective actions associated with fish populations in the water supply lakes used for aquaculture purposes.

(11) If a municipality rears paddlefish without a contractual agreement with a second party, it shall provide the department with a name of a person responsible for the rearing of the paddlefish in the water supply lake.

(12) A permit holder may use gill nets to take paddlefish only from the water supply lakes listed on the permit. A permit holder or a designated representative in possession of a valid copy of the permit shall be on site each time gill nets are used in the water supply lakes.

(a) The department shall be notified at least three (3) days in advance of any paddlefish harvest from a water supply lake, including the random sampling of the stocked paddlefish that require the use of gill nets.

(b) Gill nets shall only be used in a water supply lake from November 1 through March 31.

(d) A permit holder shall attach a metal tag provided by the department to each gill net used.

(e) Paddlefish shall be the only species of fish harvested, and any other species of fish captured shall be immediately released without undue injury.

Section 4. Inspection of Facilities and Revocation or Denial of Permits.

(1) A permit holder shall allow a game warden to inspect his or her facilities.

(2) The department shall:

(a) Revoke the permit of an individual, corporation, or other business entity who violates KRS Chapter 150 or 301 KAR Chapter 1 pertaining to propagation of aquatic organisms;

(b) Deny a permit:

For an individual, corporation, or other business entity who has violated KRS Chapter 150 or 301 KAR Chapter 1 within the last year; or
For propagation of aquatic organisms that are determined to be potentially damaging to Kentucky's native ecosystems; and

(c) Not renew the permit for a period of up to two (2) years of an individual, corporation, or other business entity that has been found guilty of violating KRS Chapter 150 or 301 KAR Chapter 1 pertaining to propagation of aquatic organisms.

(3) Fees paid for revoked permits shall not be refunded.

(4) An individual, corporation, or other business entity whose permit has been denied, revoked, or to whom a non-renewal period has been applied may request an administrative hearing pursuant to KRS Chapter 13B.

(5) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or revocation.

(6) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(7) The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order pursuant to KRS Chapter 13B.

Section 5. Incorporation by Reference.

(1) "Fisheries Commercial Propagation Permit Application", 2025 Edition, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Fisheries, 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 https://fw.ky.gov/Licenses/Documents/Fisheries-Comm-Propagation-Permit-App.pdf.

History

RELATES TO: KRS 13B, 150.290, 150.485
STATUTORY AUTHORITY: KRS 150.025, 150.180(2), 150.280, 150.450, 50 C.F.R. 17.11
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB 6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling, and transporting of fish and wildlife; the restriction of places where taking is permitted; and the application of administrative regulations to a limited area or to the entire state. KRS 150.180(2) authorizes the department to promulgate administrative regulations regarding the buying, selling, and transporting of mussels and fishes by licensed fish propagation permit holders. KRS 150.280 requires the department to promulgate administrative regulations governing the propagation or holding of protected wildlife. KRS 150.450 requires the department to promulgate reasonable administrative regulations governing the taking of minnows and crayfish from the waters of the Commonwealth. 50 C.F.R. 17.11 establishes federally threatened and endangered fish species. This administrative regulation establishes the requirements for obtaining a propagation permit for aquatic organisms and establishes the requirements for propagation permit holders.
History: 301 KAR 001:115. KFWR-F-119; 1 Ky.R. 241; eff. 1-8-1975; 4 Ky.R. 569; eff. 8-2-1978; 5 Ky.R. 1077; eff. 8-1-1979; 21 Ky.R. 489; eff. 9-28-1994; 27 Ky.R. 3329; 28 Ky.R. 354; eff. 8-15-2001; 30 Ky.R. 1585; eff. 2-16-2004; 32 Ky.R. 306; eff. 10-12-2005; 32 Ky.R. 2084; 33 Ky.R. 85; eff. 7-12-2006; 34 Ky.R. 2033; eff. 5-2-2008; 45 Ky.R. 148, 651; eff. 9-6-2018; TAm eff. 1-12-2023; 50 Ky.R. 433, 1256; eff. 2-22-2024; 52 Ky.R. 229; eff. 11-6-2025.

301 KAR 1:120 Live fish sales and handling; licensure {#sec-301-kar-1-120 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:120}

Section 1. All individuals or companies who sell live fish retail or wholesale shall have a live fish and bait dealers license issued in the name of the individual or company that is transacting business in this commonwealth. This license, or an exact copy thereof, shall be in the possession of the individual who is transporting, selling, or possessing live fish for sale in Kentucky.

Section 2. Individuals or companies transporting live fish from one (1) state to another state through Kentucky without conducting any type of business in this commonwealth shall not be required to have a live fish and bait dealers license, but shall have a valid transportation permit.

Section 3. Valid holders of commercial propagation permits and individuals or companies who sell fish for food in establishments licensed by another state agency to sell retail or wholesale food stuffs shall not be required to have a live fish and bait dealers license.

History

RELATES TO: KRS 150.175, 150.190, 150.235, 150.485
STATUTORY AUTHORITY: KRS 150.025(1), 150.180(6)
NECESSITY, FUNCTION, AND CONFORMITY: 150.025(1) authorizes the department to promulgate administrative regulations to regulate buying, selling, or transporting of game and fish. KRS 150.180(6) requires any person importing or transporting live fish into or within the state to first procure a fish transportation permit. This administrative regulation is being promulgated to control the flow of live fish from and into natural waters and commercial channels to prevent the spread of disease or undesirable species.
History: KFWR-F-LF2-1; 1 Ky.R. 150; eff. 12-11-74; Am. 5 Ky.R. 1077; eff. 8-1-1979; 14 Ky.R. 1081; eff. 1-4-1988; 48 Ky.R. 124, 1122; eff. 11-17-2021.

301 KAR 1:122 Importation, possession, and prohibited aquatic species {#sec-301-kar-1-122 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:122}

Section 1. A person shall not buy, sell, possess, import, or release any aquatic species not native or established in Kentucky waters, except as established in Section 2, 4, or 5 of this administrative regulation.

Section 2. Exceptions.

(1) A person may buy, sell, import, or possess any aquatic specimens for aquarium use, except as established in Sections 3 and 4 of this administrative regulation, but shall not release the species into Kentucky waters.

(2) A person may buy, sell, import, or possess sterile, triploid grass carp (Ctenopharyngodon idella) pursuant to 301 KAR 1:171.

(3) A fertile, diploid grass carp may only be imported or possessed by a certified propagator for the exclusive purpose of producing triploid grass carp.

(4) Individuals of any aquatic species may be immediately released at the time of catch back into the water body from which they are caught.

(5) Tilapia (Tilapia spp. or Oreochromis spp.) may be transported and sold live within Kentucky for aquarium use or to a:

(a) Licensed propagator;

(b) Licensed live fish and bait dealer; or

(c) Person, corporation, or other business entity that is selling fish for food in establishments licensed for resale by another state agency or for sale as wholesale food products.

(6) A person may buy, sell, import, or possess goldfish (Carassius auratus) for use as bait.

Section 3. The live aquatic organisms established in subsections (1) through (7) of this section shall not be imported, bought, sold, or possessed in aquaria:

(1) Subfamily Serrasalminae - piranha, piraya, pirae, or tiger characins;

(2) Astyanax mexicanus - Mexican banded tetra, Mexican minnow, or Mexican tetra;

(3) Petromyzon marinus - sea lamprey;

(4) Genus Clarias - walking catfish;

(5) Genus Channa - snakeheads of Asia and Africa;

(6) Dreissena polymorpha - zebra mussel; or

(7) Neogobius melanostomus – round goby.

Section 4. Invasive carp.

(1) A person shall not buy, sell, possess, import, transport, or release the live invasive carp species established in paragraphs (a) through (d) of this subsection, except as established in Sections 2(2), (3), and (4) of this administrative regulation:

(a) Hypophthalmichthys molitrix – silver carp;

(b) Hypophthalmichthys nobilis – bighead carp;

(d) Ctenopharyngodon idella – grass carp.

(2) A licensed commercial fisherman or any person possessing a sport fishing license may possess, sell, and transport the species of invasive carp established in Section 4(1) of this administrative regulation if the invasive carp are:

(a) Not being transported in water;

(b) Dead or dying; and

Section 5. Commissioner Approval. The commissioner may permit the importation of a banned aquatic species if the applicant demonstrates that the species shall be used for legitimate scientific or educational purposes.

History

RELATES TO: KRS 150.180
STATUTORY AUTHORITY: KRS 150.025(1)(c), 150.280(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(c) authorizes the department to promulgate administrative regulations regarding the buying, selling, or transporting of fish and wildlife. KRS 150.280(2) authorizes the department to promulgate administrative regulations prohibiting the holding or transporting of species potentially damaging to native ecosystems. This administrative regulation establishes the species of aquatic life that are prohibited in the Commonwealth.
History: KFWR-F-LF1-1; 1 Ky.R. 346; eff. 2-5-1975; Am. 8 Ky.R. 1154; eff. 6-2-1982; 12 Ky.R. 1356; eff. 3-4-1986; 16 Ky.R. 377; eff. 11-4-1989; 17 Ky.R. 1796; eff. 12-19-1990; 29 Ky.R. 514; eff. 10-9-2002; 32 Ky.R. 2086; 33 Ky.R. 87; eff. 7-12-2006; 39 Ky.R. 2201; 40 Ky.R. 17; eff. 8-2-2013; 41 Ky.R. 2614; 42 Ky.R. 277; eff. 9-4-2015; 50 Ky.R. 140, 830; eff. 11-16-2023.

301 KAR 1:125 Transportation of fish {#sec-301-kar-1-125 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:125}

Section 1. A fish transportation permit shall not be required:

(1) By an individual to transport aquarium species;

(2) By permitted Kentucky fish propagators as established in 301 KAR 1:115, except if transporting fish into Kentucky from outside of Kentucky;

(3) By individuals with a sport or commercial fishing license to transport legally caught bait or fish;

(4) By individuals transporting fish purchased from a licensed live bait dealer or permitted commercial fish propagator for stocking in private waters;

(5) By agents of the department while performing their normal duties; or

(6) To transport live fish or other aquatic organisms that were purchased for consumption from a licensed retailer.

Section 2. Live Fish, Live Bait, or Other Aquatic Organisms.

(1)

(a) All individuals, corporations, or other business entities that transport any live fish, live bait as defined in 301 KAR 1:001, Section 1, or other live aquatic organism, except those individuals listed in Section 1 of this administrative regulation shall have in possession the documents required by paragraph (b) of this subsection, if transporting into, within, or through Kentucky.

(b)

A fish transportation permit, to be renewed annually by calendar year, issued in the name of the individual, corporation, or other business.
A bill of lading showing the origin and destination of the organisms being transported.

(2) An individual shall also possess a live bait and fish dealers license, as established in 301 KAR 1:132, if the organisms will be:

(a) Sold to another individual, corporation, or other business entity in Kentucky; or

(b) Transported from Kentucky to be sold outside of Kentucky.

(3) All organisms in transport shall be disease free, and any prohibited species listed in 301 KAR 1:122 shall not be present.

(4) If any Viral Hemorrhagic Septicemia- or VHS-regulated fish species from a VHS positive state are transported and unloaded in Kentucky, in addition to the requirements established in subsections (1), (2), and (3) of this section, the following requirements shall apply:

(a) If the origin of the VHS-regulated fish species is from a certified VHS free facility, the individual shall possess a copy of the documentation showing that the facility is VHS free.

(b) If the origin of the VHS-regulated fish species is from a non-certified VHS free facility:

The VHS-regulated fish species shall only be unloaded at a:

a. State inspected fish-processing plant; or

b. Research and diagnostic laboratory;

The individual shall possess a copy of the U.S. Department of Agriculture Animal and Plant Health Inspection Service, or APHIS, VS 1-27 permit for Movement of Restricted Animals issued by an APHIS Veterinary Services office or by a state, tribal, or federal accredited veterinarian; and
Water from the fish transportation tank shall only be discharged into a municipal sewage system that includes wastewater disinfection or into a non-discharging settling pond devoid of fish.

(5) If the origin of the VHS-regulated fish species is from a VHS positive state and are only being transported through Kentucky, then only the requirements established in subsections (1) and (3) of this section and Section 3 of this administrative regulation shall apply.

(6) VHS-regulated fish species being transported from a known VHS positive state into, within, or through Kentucky that do not meet all requirements established in Sections 2 and 3 of this administrative regulation shall be confiscated for disposal purposes.

Section 3. Fish Transportation Permit Application.

(1) If an individual, corporation, or other business entity wants to transport fish, live bait, or other aquatic organisms into, within, or through Kentucky they shall submit a completed Fish Transportation Permit Application to the department, along with the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

(2) In addition to the requirements established in subsection (1) of this section, an individual, corporation, or other business entity that wants to transport VHS-regulated fish species into or through Kentucky from a VHS positive state shall also submit a:

(a) Copy of the documentation showing that the facility that the VHS-regulated fish species are coming from is certified as being VHS free; or

(b) Copy of the APHIS VS 1-27 permit if the facility is not certified as being VHS free.

(3) An individual, corporation, or other business entity shall not transport fish, live bait, or other aquatic organisms into, within, or through Kentucky without an approved fish transportation permit in possession.

(4) If an individual, corporation, or other business entity desires to transport VHS-regulated fish species from a facility in a VHS positive state that is currently not listed on their fish transportation permit, the permittee shall:

(a) Notify the department; and

(b) If approved by the commissioner, based on risk of contagion to fish of the Commonwealth, be sent an updated fish transportation permit listing the approved facility.

Section 4. Transportation of Roe-Bearing Fish and Roe.

(1) All individuals, with the exception of permitted roe-bearing fish harvesters as established in 301 KAR 1:155, who transport roe-bearing fish or unprocessed roe as established in 301 KAR 1:155 into, within, or through Kentucky, shall have in possession a fish transportation permit issued in the name of the individual with the associated roe-bearing fish harvester's name and commercial fishing license and roe-bearing harvester's permit numbers listed.

(2) All individuals who transport unprocessed roe from a fish processing facility to a permitted roe-bearing fish dealer shall also have in possession a bill of lading as established in 301 KAR 1:155, Section 8(4)(c).

Section 5. The transporter shall not transport the prohibited species listed in 301 KAR 1:122, and all game wardens and agents of the department shall have the authority to demand that the transporter submit proof of all appropriate permits and documentation.

Section 6. Fish Transportation Permit Denial, Revocation, and Nonrenewal.

(1) The department shall deny a fish transportation permit for transportation of aquatic organisms determined potentially damaging to Kentucky's native ecosystems.

(2) The department shall revoke and shall not renew the fish transportation permit of an individual, corporation, or other business entity for a period of two (2) years if they:

(a) Falsify the documentation needed to transport fish, eggs, live bait, or any other aquatic organism into, within, or through Kentucky;

(b) Falsify information on the Fish Transportation Permit Application; or

(c) Are convicted of any federal or state violation involving the transportation of fish, eggs, live bait, or any other aquatic organism.

(3) An individual, corporation, or other business entity whose fish transportation permit has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

(4) A request for a hearing shall be in writing and postmarked, or delivered in person to the department, no later than thirty (30) days after notification of the denial or revocation.

(5) Upon receipt of the request for a hearing, the department shall comply with the provisions of KRS Chapter 13B.

(6) The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order pursuant to KRS Chapter 13B.

Section 7. Incorporated by Reference.

(1) "Fish Transportation Permit Application", 2025 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 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or online at https://fw.ky.gov/Licenses/Documents/Fish-Transportation-Permit-App.pdf.

History

RELATES TO: KRS 13B, 150.010, 150.170, 150.235, 150.485
STATUTORY AUTHORITY: KRS 150.025(1)(c), 150.180(6), 150.280(2)
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB 6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(c) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations to regulate the buying, selling, or transporting of game and fish, and the application of administrative regulations to a limited area or to the entire state. KRS 150.180(6) requires the commissioner to promulgate administrative regulations relating to issuance of a fish transportation permit. KRS 150.280(2) requires the department to promulgate administrative regulations identifying species of wildlife that are potentially damaging to native ecosystems and prohibiting the transporting or holding of that wildlife. This administrative regulation provides for control of the transportation of fish, fish eggs, live bait, and other aquatic organisms into, within, and through the state to protect the resident fish population.
History: 301 KAR 001:125. KFWR-F-TP1-1; 1 Ky.R. 346; eff. 2-5-1975; 35 Ky.R. 992, 1829, 1742, eff. 3-6-2009; 48 Ky.R. 125, 1123; eff. 11-17-2021; 50 Ky.R. 436, 1228; eff. 2-22-2024; 52 Ky.R. 232; eff. 11-6-2025.

301 KAR 1:130 Live bait for personal use {#sec-301-kar-1-130 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:130}

Section 1. Definitions.

(1) "Different body of water" means a body of water that is separate and not contiguous to another body of water, including a man-made reservoir that is separated from a downstream river by a dam, but does not include a river, stream, or creek that is separated by a low-level dam.

(2) "Live bait" means the organisms established in paragraphs (a) through (h) of this subsection if they are alive:

(a) Live bait fishes;

(b) Crayfish;

(d) Frogs, except bullfrogs;

(e) Tadpoles;

(f) Native lampreys;

(g) Asiatic clams (Genus Corbicula); or

(h) Other aquatic invertebrate organisms, except for mussels.

(3) "Live bait fishes" means:

(a) Rough fishes, except Asian carp and federally threatened or endangered species, as established in 50 C.F.R. 17.11; or

(b) Redear sunfish less than six (6) inches in length.

(4) "Sport fisherman" means a person holding a valid resident or nonresident fishing license and includes a person who is license exempt pursuant to KRS 150.170.

Section 2. Equipment.

(1) Any other organisms not defined as live bait pursuant to Section 1 of this administrative regulation shall be returned immediately to the water.

(2) Live bait for personal use shall only be taken as established in paragraphs (a) through (d) of this subsection.

(a) The maximum size seine for:

Take in the Ohio and Mississippi Rivers and Barkley and Kentucky Lakes shall be:

a. Thirty (30) feet long;

b. Six (6) feet deep; and

c. With bar mesh no larger than one-fourth (1/4) of an inch; or

All other waters of the Commonwealth shall be:

a. Ten (10) feet long;

b. Four (4) feet deep; and

c. With bar mesh no larger than one-fourth (1/4) of an inch.

(b) The maximum size for a minnow trap shall be:

Three (3) feet long;
Eighteen (18) inches in diameter; and
With openings no larger than one (1) inch.

(d) The maximum size for a cast net shall be twenty (20) feet in diameter with one (1) inch bar mesh, except take shall be prohibited in the following bodies of water:

Lakes with a surface area of less than 500 acres; and
Hatchery Creek in Russell County, a tributary to the Cumberland River located below Wolf Creek Dam.

Section 3. Bait.

(1) A mussel, except for an Asiatic clam, shall not be taken or used as bait.

(2) A sport fisherman shall not possess bait in an amount greater than the following:

(a) 500 live bait fishes;

(b) 500 crayfish;

(d) Five (5) frogs, except bullfrogs;

(e) Five (5) tadpoles;

(f) 100 native lampreys; or

(g) 500 aquatic invertebrates other than mussels, excluding Asiatic clams.

Section 4. Possession and Movement of Live Bait for Personal Use.

(1) A person possessing live wild-caught shad or herring shall:

(a) Only use live wild-caught shad, herring, mooneye, or goldeye in the water body from which they were collected; and

(b) Not transport live wild-caught shad, herring, mooneye, or goldeye from the body in which they were collected to:

A different body of water; or
The same body of water if it involves transporting the shad, herring, mooneye, or goldeye via a Kentucky roadway.

(2) A person may possess or transport live shad, herring, mooneye, or goldeye if the person legally purchased the shad, herring, mooneye, or goldeye from a licensed bait dealer and possesses a valid receipt of the purchase that includes the:

(a) Species of fish;

(b) Quantity of fish;

(d) Date of purchase.

(3) Prohibited aquatic species, as established in 301 KAR 1:122, shall not be possessed or used as live bait.

History

RELATES TO: KRS 150.010, 150.170, 150.175, 150.340, 150.450, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 50 C.F.R. 17.11
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate creel limits and methods of take, and to make these requirements apply to a limited area. 50 C.F.R. 17.11 establishes federally threatened or endangered fish species. This administrative regulation establishes the requirements for the taking of live bait for personal use.
History: KFWR-F-LB 1-1; 1 Ky.R. 242; eff. 1-8-1975; Am. 8 Ky.R. 1154; eff. 6-2-1982; 10 Ky.R. 623; eff. 12-2-1983; 16 Ky.R. 46; eff. 8-23-1989; 26 Ky.R. 2294; 27 Ky.R. 484; eff. 8-14-2000; 2871; 3240; eff. 6-8-2001; 29 Ky.R. 515; 927; eff. 10-9-2002; 30 Ky.R. 2334; 7-14-2004; 34 Ky.R. 2427; 35 Ky.R. 20; eff. 7-9-2008; 40 Ky.R. 642; 1094; 1249; eff. 1-3-2014; 44 Ky.R. 568; eff. 12-7-2017; 44 Ky.R. 2574; eff. 8-6-2018; Crt eff. 5-15-2025.

301 KAR 1:132 Sale of live bait {#sec-301-kar-1-132 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:132}

Section 1. Legal Sources of Live Bait.

(1) Live bait may be sold by a person possessing a valid:

(a) Live bait and fish dealer's license if the person purchases the live bait from a legal source as established in this section; or

(b) Commercial fishing license, if the live bait is taken pursuant to the requirements of this section.

(2) Live commercially harvested shad, herring, mooneye, goldeye, or invasive carp shall not be transported or sold.

(3) Legal sources of live bait shall include:

(a) Live bait hatched and reared in Kentucky by a person possessing a valid commercial fish propagation permit;

(b) Legal commercial live bait sources in states outside of Kentucky;

(c) A person selling Asiatic clams obtained by means of a tagged commercial bait rake pursuant to Section 2 of this administrative regulation, if the person possesses a valid commercial fishing license; or

(d) A person with a valid commercial fishing license who is selling live bait, except live shad, live herring, live goldeye, and live mooneye, if taken pursuant to Section 2 of this administrative regulation.

(4) A licensed live bait and fish dealer who purchases live bait from legal sources outside of Kentucky shall possess a bill of sale that lists the:

(a) Date of purchase; and

(b) Number of each type of live bait purchased.

Section 2. Legal Methods of Take.

(1) A person shall not take live bait from any public waterway or water body for commercial purposes, except as established in this section.

(2) A person who holds a valid commercial fishing license may sell:

(a) Live bait, except live shad, live herring, live goldeye, and live mooneye, that was taken with legally set commercial fishing gear;

(b) Dead shad and dead herring, if taken with a dip net with a maximum diameter of three (3) feet or a cast net with a maximum diameter of twenty (20) feet and possessing a maximum bar mesh of one (1) inch in the following bodies of water:

Cumberland River below Barkley Dam;
Kentucky River downstream of Lock Number Fourteen (14);
Mississippi River;
Ohio River; or
Tennessee River; or

(c) Asiatic clams taken in legal commercial fishing waters pursuant to 301 KAR 1:150 with a tagged commercial live bait rake having the following specifications:

A maximum width of twenty (20) inches;
A maximum tine length of five (5) inches;
A maximum distance in between tines of one (1) inch;
A basket with a maximum:

a. Width of twenty (20) inches;

b. Length of ten (10) inches; and

c. Height of eight (8) inches;

A rigid handle with a maximum length of twenty (20) feet; and
The rake does not contain a bridle that would allow dragging.

(3) Any mussel other than an Asiatic clam shall be returned to the water unharmed.

Section 3. Other Requirements.

(1) A person, corporation, or other business entity transporting, selling, or possessing live bait for sale in Kentucky shall hold a valid live bait and fish dealer's license and have in possession the license or exact copy thereof when transporting, selling, or holding live bait organisms in Kentucky.

(2) A live bait and fish dealer's license shall not be used in lieu of a fish propagation or transportation permit if these permits are also legally required.

(3) A person, corporation, or other business entity who transports live bait from one (1) state, through Kentucky, to another state without conducting any business in Kentucky shall not be required to have a live bait and fish dealer's license, but shall have a valid Kentucky transportation permit.

(4) A person, corporation, or other business entity is not required to possess a live bait and fish dealer's license if selling live bait as food in establishments licensed by another state agency to sell resale or wholesale food products.

Section 4. License Application Procedures. If an individual, corporation, or other business entity is required to hold a valid live bait and fish dealer's license as established in Section 3 of this administrative regulation, they shall submit a completed Live Bait and Fish Dealer's License Application to the department, along with the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

Section 5. Incorporation by Reference.

(1) "Live Bait and Fish Dealer's License Application", 2025 Edition, is incorporated by reference.

History

RELATES TO: KRS 150.175, 150.180, 150.280, 150.450, 150.485
STATUTORY AUTHORITY: KRS 150.025(1), 50 C.F.R. 17.11
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB 6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling, and transporting of fish and wildlife, the restriction of places where taking is permitted, and the application of administrative regulations to a limited area or to the entire state. 50 C.F.R. 17.11 establishes federally threatened or endangered fish species. This administrative regulation establishes the requirements under which live bait may be taken, transported, and sold.
History: 301 KAR 001:132. KRWT-F-LB2-1; 1 Ky.R. 347; eff. 2-5-1975; 4 Ky.R. 125; 227; eff. 12-7-1977; 26 Ky.R. 2295; 27 Ky.R. 484; eff. 8-14-2000; 40 Ky.R. 644; 1040; eff. 11-7-2013; 45 Ky.R. 750; eff. 12-7-2018; 52 Ky.R. 234; eff. 11-6-2025.

301 KAR 1:140 Special commercial fishing permit for Kentucky Lake and Lake Barkley {#sec-301-kar-1-140 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:140}

Section 1. Permit Requirements.

(1) A person shall possess a valid Kentucky commercial fishing license to obtain or retain a permit throughout the special commercial fishing season.

(2) The department shall not issue more than twenty-five (25) permits.

(3) A permit holder shall submit a completed Commercial Fishing Licenses and Permits Application to the department, along with the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022, postmarked on or before November 1 to retain the permit privilege.

(4) The ability to purchase a permit shall only be transferred to immediate family members.

(5) New permits shall not be issued until the total number of permits is less than twenty-five (25).

(6) A drawing shall be used to select new permittees if the total number of permits is less than twenty-five (25).

(a) A person applying for a vacant permit shall submit to the department a completed Commercial Fishing Licenses and Permits Application postmarked on or before November 1, along with the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

(b) The maximum number of permits issued to nonresidents shall be seven (7).

Section 2. Permit Requirements.

(1) A person shall possess and carry a valid permit and a valid commercial fishing license:

(a) If using a gill net or trammel net to take rough fish:

From November 1 through March 31 at both Kentucky Lake and Lake Barkley; and
In the portions of Kentucky Lake and Lake Barkley open to commercial fishing as established in 301 KAR 1:150;

(b) If transporting a gill net or trammel net; and

(2) A person shall:

(a) Tag a gill net or trammel net as established in KRS 150.175(4);

(b) Not use a gill net or trammel net with a bar mesh size smaller than three and five-tenths (3.5) inches or larger than four and five-tenths (4.5) inches, except:

A whip set may have a minimum bar mesh size of three (3) inches; and
Beginning on November 15 and running through March 31 at both Kentucky Lake and Lake Barkley, gill and trammel nets with a bar mesh size larger than four and five-tenths (4.5) may be used in stationary sets only;

(d) Tend each net, except whip sets, at least once every twenty-four (24) hours;

(e) Not leave whip sets unattended;

(f) Affix a decal supplied by the department to each side of the boat or motor used for fishing under this permit so that the decal is clearly visible while fishing with a gill net or a trammel net;

(g) Not dispose of any commercially caught rough fish at public boat launch areas; and

(h) Not harvest paddlefish at both Kentucky Lake and Lake Barkley during the special commercial fishing season if the paddlefish are less than thirty-eight (38) inches, as measured from the beginning of the eye to the fork of the tail fin.

(3) A permit holder may be accompanied by two (2) unlicensed helpers, who shall be:

(a) In the same boat with the permit holder if fishing with a gill net or a trammel net; or

(b) Accompanied by the permit holder if transporting or selling fish taken under the permit.

(4) A permit holder shall:

(a) Maintain an accurate record of daily fishing activity; and

(b) Submit a completed Monthly Report of Commercial Fish Harvest in Kentucky to the department by the tenth day of the following month.

Section 3. Paddlefish Harvest Requirements.

(1) A person who possesses a valid permit shall be allowed to harvest paddlefish flesh or roe during the special commercial fishing season without the need to purchase a commercial roe-bearing fish harvester's permit.

(2) A person who harvests paddlefish roe during the special commercial fishing season shall follow all commercial roe-bearing fish harvester's permit reporting requirements established in 301 KAR 1:155, Section 14(2).

Section 4. Permit Suspension, Revocation, and Renewal.

(1) The department shall suspend the permit of a person who fails to complete and submit to the department a Monthly Report of Commercial Fish Harvest in Kentucky or a Daily Roe-Bearing Fish Harvester's Transaction Report for each transaction involving a buyer permittee as established in paragraphs (a) through (c) of this subsection.

(a) The first time during the season a report is not received or, if mailed, not postmarked by the tenth of the following month, the licensee or permittee shall receive by mail a courtesy reminder letter.

(b) The second time during the season a report is not received or, if mailed, not postmarked by the tenth of the following month, the licensee or permittee shall receive a warning letter.

(c) If a third or subsequent time during the season a report is not received or, if mailed, not postmarked by the tenth of the following month, the license or permit shall be suspended until all reports have been received.

(2) The department shall not renew the commercial fishing license or harvester's permit of a person who fails to complete and submit to the department all reports required by this administrative regulation.

(3) The department shall revoke or not renew a person's permit for a period of two (2) years, for the following state violations involving commercial fishing:

(a) Use of illegal commercial fishing gear;

(b) Knowingly placing commercial fishing gear in a restricted area;

(d) Commercially fishing, as established by 301 KAR 1:150, in waters not open to commercial fishing; or

(e) Knowingly falsifying commercial harvest data.

(4) A person whose permit has been revoked or denied shall be eligible to enter the drawing following the revocation period only if a permit is available based on the twenty-five (25) permit restriction established in Section 1 of this administrative regulation.

(5) A person whose permit has been revoked or denied may request an administrative hearing pursuant to KRS Chapter 13B.

(6) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or revocation.

(7) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(8) The hearing officer's recommended order shall be considered by the commissioner and the commissioner shall issue a final order pursuant to KRS Chapter 13B.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Commercial Fishing Licenses and Permits Application", 2025 Edition;

(b) "Monthly Report of Commercial Fish Harvest in Kentucky", 2023 Edition; and

(a) https://fw.ky.gov/Licenses/Documents/Comm-Fishing-Licenses-Permits-App.pdf for the "Commercial Fishing Licenses and Permits Application";

(b) https://fw.ky.gov/Fish/Documents/CommercialFishData.pdf for the "Monthly Report of Commercial Fish Harvest in Kentucky"; and

(c) https://fw.ky.gov/Fish/Documents/roefishharvestreport[1].pdf for the "Daily Roe-Bearing Fish Harvester's Transaction Report".

History

RELATES TO: KRS 150.010(32), 150.450(2)
STATUTORY AUTHORITY: KRS 150.025(1), 150.175(3), (4)
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB 6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling, and transporting of fish and wildlife, the creel limits and methods of take, restriction of places where taking is permitted, and the application of administrative regulations to a limited area or to the entire state. KRS 150.175(3) and (4) authorize the department to promulgate administrative regulations regarding the issuance of commercial fishing licenses, commercial fishing gear, and commercial fishing gear tags. This administrative regulation establishes restrictions on the use of gill and trammel nets at Kentucky Lake and Lake Barkley.
History: 301 KAR 001:140. KRWT-F-LB2-1; 1 Ky.R. 347; eff. 2-5-1975; 4 Ky.R. 125; 227; eff. 12-7-1977; 26 Ky.R. 2295; 27 Ky.R. 484; eff. 8-14-2000; 40 Ky.R. 644; 1040; eff. 11-7-2013; 45 Ky.R. 750; eff. 12-7-2018; 52 Ky.R. 237; eff. 11-6-2025.

301 KAR 1:146 Commercial fishing gear {#sec-301-kar-1-146 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:146}

Section 1. Gear Requirements.

(1) The gear listed in subsections (2) through (16) of this section shall be the only legal commercial fishing gear allowed in commercial fishing waters established in 301 KAR 1:150 and under the conditions established in 301 KAR 1:155 by a licensed commercial fisher.

(2) A hoop net, wing net, straight net, or heart lead net shall have a minimum bar mesh size of three (3) inches, except that the minimum mesh size shall be one (1) inch in the following waters:

(a) The Ohio River;

(b) The Mississippi River; and

The Cumberland River below Barkley Dam; and
The Tennessee River below Kentucky Dam.

(3) A hoop may be made of any:

(a) Size;

(b) Shape; or

(4) Wings and leads shall be constructed of:

(a) Natural multifilament; or

(b) Synthetic multifilament.

(5) Netting used for wings and leads shall:

(a) Be constructed of twine no smaller than number six (6) nylon or the equivalent;

(b) Have a breaking strength of fifty-five (55) pounds or greater; and

(6) Wings and leads may consist of either:

(a) Knotted construction; or

(b) Knotless construction.

(7) The maximum length of each hoop net wing or lead shall be sixty (60) feet.

(8) The following nets shall be fished as individual nets:

(a) Hoop nets;

(b) Wing nets;

(d) Heart lead nets.

(9) Wings or leads shall:

(a) Not be tied together to become a continuous multiple net unit; and

(b) Be used only to lead fish into a hoop net.

(10) One (1) commercial gear tag shall be attached to the first hoop of each net.

(11) A gill or trammel net:

(a) May be fished:

Weighted; or
As a flag net; and

(b) Shall have one (1) commercial gear tag attached to each 100 feet or part thereof.

(12) A gill or trammel net shall only be used in:

(a) The Ohio River;

(b) The Mississippi River; or

(c) An overflow lake adjacent to the Ohio or Mississippi rivers if the lake can be accessed from the river by a boat during high flow conditions, except as prohibited:

On department Wildlife Management Areas pursuant to 301 KAR 4:020 or 4:050; or
Pursuant to the requirements of 301 KAR 1:140.

(13) The bar mesh size on gill or trammel nets shall be:

(a) At least three (3) inches in:

The Mississippi River; and
Overflow lakes adjacent to the Mississippi River;

(b) At least four (4) inches from November 1 through April 30 in:

The Ohio River; and
Overflow lakes adjacent to the Ohio River; and

The Ohio River; and
Overflow lakes adjacent to the Ohio River.

(14) A commercial trotline shall:

(a) Have more than fifty (50) hooks placed no closer than eighteen (18) inches apart;

(b) Have one (1) commercial gear tag attached to each end of the trotline and, at a minimum, one (1) commercial gear tag attached to every 100 feet of trotline;

(d) Be set at least three (3) feet under the surface of the water.

(15) A seine:

(a) Shall have a maximum bar mesh size of one (1) inch;

(b) May have knotted netting if constructed of twine that is:

No smaller than number six (6) nylon; or
An equivalent having a breaking strength of at least fifty-five (55) pounds;

No smaller than number 147 nylon; or
An equivalent having a breaking strength of fifty (50) pounds or greater;

(d) Shall be constructed of:

Natural multifilament; or
Synthetic material;

(e) Shall have both float and lead lines;

(f) Shall have the following attached at each end:

Wood poles;
Fiberglass poles; or
Brailes;

(g) Shall be attended by a person who pulls the seine by hand through the water to entrap fish; and

(h) Shall have one (1) commercial gear tag attached to each 100 feet or part thereof.

(16) A slat trap basket shall:

(a) Not have wire or other mesh added to any part of the trap;

(b) Have at least two (2) openings left between slats:

No smaller than one and one-fourth (1 1/4) inches wide in the catch portion of the trap; and
That shall not be restricted by cross-bracings to a length shorter than eight (8) inches;

(d) Have one (1) commercial gear tag attached to the opening ring or square.

History

RELATES TO: KRS 150.010, 150.025, 150.120, 150.170, 150.175, 150.445, 150.450, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Departmentof Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling, and transporting of fish and wildlife, the restriction of places where taking is allowed, and the application ofadministrative regulations to a limited area or the entire state. This administrative regulation establishes the legal methods that may be used by commercial fishers to harvest rough fish.
History: 15 Ky.R. 1184; eff. 11-23-1988; Am. 16 Ky.R. 1401; 2654; eff. 5-8-1990; 34 Ky.R. 2215; 35 Ky.R. 549; eff. 9-12-2008; 39 Ky.R. 832; eff. 1-4-2013; 42 Ky.R. 97; eff. 9-3-2015; 50 Ky.R. 1758; eff. 6-6-2024.

301 KAR 1:150 Waters open to commercial fishing {#sec-301-kar-1-150 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:150}

Section 1. Rivers and Creeks.The rivers and creeks established in subsections (1) through (7) of this section shall be open to commercial fishing pursuant to 301 KAR 1:146 and 1:155:

(1) Cumberland River from its junction with the Ohio River upstream to the Highway 62 bridge;

(2) Green River from its junction with the Ohio River upstream to 200 yards below Green River Lock and Dam 4;

(3) Kentucky River from its junction with the Ohio River upstream to the junction of the North and Middle Forks of Kentucky River;

(4) Mississippi River from the mouth of the Ohio River downstream to the Tennessee line;

(5) Ohio River from its junction with the Mississippi River upstream to the West Virginia state line except those segments of the river that extend below the following locks and dams where slat baskets are the only piece of commercial gear allowed, except for the first 200 yards below the dam pursuant to KRS 150.445:

(a) Lock and Dam 53 downstream to a line perpendicular with the end of the longest lock wall including the circular cell portion;

(b) Lock and Dam 52 downstream to a line perpendicular with the end of the longest lock wall including the circular cell portion;

(d) J.T. Myers Dam downstream to a line perpendicular to the end of the outer lock wall and that portion of the split channel around the southern part of Wabash Island from the fixed weir dam to the first dike;

(e) Newburgh Dam downstream to a line perpendicular to the end of the outer lock wall;

(f) Cannelton Dam downstream to a line perpendicular to the end of the outer lock wall;

(g) McAlpine Dam downstream to the K&I railroad bridge;

(h) Markland Dam downstream to a line perpendicular to the end of the outer lock wall;

(i) Meldahl Dam downstream to a line perpendicular to the end of the outer lock wall; and

(j) Greenup Dam downstream to a line perpendicular to the end of the outer lock wall;

(6) Pond River from its junction with the Green River upstream to the Highway 62 bridge; and

(7) Tennessee River from its junction with the Ohio River upstream to River Mile 17.8.

Section 2. Lakes. The lakes established in subsections (1) through (5) of this Section shall be open to commercial fishing pursuant to 301 KAR 1:146 and 1:155:

(1) Herrington Lake from the impounded or standing pools of the lake up to the first shoal or riffle in any main or tributary stream;

(2) Kentucky Lake from the impounded or standing pools of the lake up to the first shoal or riffle in any main or tributary stream;

(3) Lake Barkley from the impounded or standing pools of the lake up to the first shoal or riffle in any main or tributary stream;

(4) Lake Cumberland from the impounded or standing pools of the lake up to the first shoal or riffle in any main or tributary stream, except Lake Cumberland shall be closed to commercial fishing:

(a) Above the confluence of Koger Creek on the Big South Fork Arm; and

(b) Above the confluence of the Rockcastle River on the Cumberland River Arm; and

(5) Permanent overflow lakes adjacent to the Mississippi and Ohio Rivers that may be accessed from either river by a boat during high flow events, except as prohibited on department wildlife management areas pursuant to 301 KAR 4:020 and 301 KAR 4:050.

History

RELATES TO: KRS 150.010, 150.120, 150.170, 150.175, 150.445, 150.450, 150.990
STATUTORY AUTHORITY: KRS 150.025(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling, and transporting of fish and wildlife, the restriction of places where taking is permitted, and the application of administrative regulations to a limited area or to the entire state. This administrative regulation establishes the areas where commercial fishing is allowed.
History: KFWR-F-CF1-4; 1 Ky.R. 242; eff. 1-8-1975; Am. 872; eff. 6-11-1975; 3 Ky.R. 771; 4 Ky.R. 99; eff. 8-3-1977; 9 Ky.R. 934; eff. 3-2-1983; 12 Ky.R. 1357; eff. 3-4-1986; 15 Ky.R. 1131; eff. 11-23-1988; 17 Ky.R. 1797; eff. 12-19-1990; 29 Ky.R. 517; eff. 10-9-2002; 32 Ky.R. 307; 621; 10-12-2005; 32 Ky.R. 2087; 33 Ky.R. 87; eff. 7-12-2006; 40 Ky.R. 400; 792; eff. 10-3-2013; Cert eff. 2-5-2020; 50 Ky.R. 1761; eff. 7-18-2024.

301 KAR 1:152 Harvest and sale of invasive carp {#sec-301-kar-1-152 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:152}

Section 1. Invasive Carp and Scaled Rough Fish Harvest Program.

(1) To participate in the program, a commercial fisher shall:

(a) Contact the department and request to be included in the program;

(b) Obtain the appropriate Kentucky commercial fishing license by:

Submitting a completed Commercial Fishing Licenses and Permits Application to the department; and
Paying the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022;

(c) Contact the department at 270-226-4192 and provide the information established in subparagraphs 1. through 5. of this paragraph prior to fishing:

The participant's name;
The fish buyer's name;
Date fishing is to occur;
Restricted water body to be fished; and
Ramp, marina, or dock where a boat will be launched;

(d) Harvest a weight ratio of at least sixty-five (65) percent invasive carp to thirty-five (35) percent scaled rough fish over a one (1) month period, except that a commercial fisher whose license fee has been waived as established in subsection (2)(c) of this section shall only harvest invasive carp and not retain any scaled rough fish or by-catch;

(e) Only fish on dates and at locations provided to the department;

(f) Notify the department prior to changing any information as established in subsection (1)(c)2. through 5. of this section;

(g) Only use gill or trammel nets:

With a minimum bar mesh of three (3) inches;
That are always tended by a program participant if set less than three (3) feet below the surface of the water;
That are not left unattended by a program participant for more than six (6) hours if set at least three (3) feet below the surface of the water from April 1 through September 20; and
That are not left unattended by a program participant for more than eight (8) hours if set at least three (3) feet below the surface of the water from October 1 through March 31;

(h) Visibly mark each end of net sets or gangs of nets with floating buoys;

(i) Harvest, possess, and transport fish claimed under this program separately than fish harvested by any other method;

(j) Complete a Daily Harvest and Release Summary Card after each day's fishing and submit all cards to the department at the end of each month;

(k) Be allowed to sell all harvested invasive carp and scaled rough fish as established in subsection (1) of this section;

(l) Immediately release all by-catch; and

(m) Report all harvest on a Monthly Report of Commercial Fish Harvest in Kentucky, as established in 301 KAR 1:155.

(2) The department shall:

(a) Maintain a list of program participants and their contact information, which shall be:

Provided to known fish buyers; and
Updated at least weekly;

(b) Maintain a list of all restricted water fishing requests as established in subsection (1) of this section; and

(c) Waive the commercial fishing license fees, as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022, for a program participant who only harvests invasive carp in restricted or unrestricted waters.

(3) The department shall not approve a fishing request if:

(a) Higher than normal by-catch is likely to occur at that location and time; or

(b) Excessive user conflicts would occur.

Section 2. Experimental Commercial Fishing Methods Program.

(1) The following waterbodies, including restricted waters, shall be open to experimentation to target invasive carp under this program upon department approval:

(a) Cumberland River downstream of Lake Barkley;

(b) Tennessee River downstream of Kentucky Lake;

(d) Kentucky Lake;

(e) Lake Barkley;

(f) Mississippi River from the mouth of the Ohio River downstream to the Kentucky-Tennessee state line; and

(g) Ohio River downstream of Newburg Lock and Dam.

(2) The commercial fishing gear tag requirements as established in 301 KAR 1:146 shall be waived if department personnel are present during experimentation.

(3) The commercial fishing gear tag requirements as established in 301 KAR 1:146 shall be followed if department personnel are not present during experimentation.

(4) Any commercial gear not conforming to those established in 301 KAR 1:146 shall be reviewed by the department for commercial gear tagging feasibility and need.

(5) Any live fish holding net left overnight on the water shall have a commercial fishing gear tag attached and be marked with equipment issued by the department.

(6) Tier I requirements.

(a) A commercial fisher shall apply for Tier I of the program by submitting a completed Experimental Commercial Fishing Methods Program Permit Application provided by the department.

(b) Participation in Tier I of the program shall be limited to three (3) program participants at any one (1) time.

(c) In addition to meeting the qualification requirements established in paragraph (e) of this subsection, selection of the top three (3) applicants shall be based on the scoring criteria established in subparagraphs 1. through 4. of this paragraph:

The fisher's experience as a commercial fisher, as well as the fisher's experience fishing for invasive carp;
The years of experience the fisher has with the gear and methods proposed and the past results of using the proposed gear and methods;
The status of the fisher's gear, including if:

a. They currently possess all the gear required for their proposed method;

b. They do not currently possess all the gear, but they attest they will possess all the gear prior to their admission in the program; or

c. They have access to the gear; and

How their proposal shall help the department to achieve its mission of reducing the number of invasive carp in Kentucky waters.

(d) If at any time the number of program participants falls below three (3), all applications submitted prior to the vacancy will be reviewed as established in paragraph (c) of this subsection for selection of a new program participant.

(e) To qualify for Tier I of the program, a commercial fisher shall:

Have a minimum of three (3) years commercial fishing experience with at least two (2) years holding a valid commercial fishing license;
Have a boat and motor that meet the following requirements:

a. Minimum boat length of twenty-two (22) feet, and space for essential crew and one (1) department-appointed observer, along with storage capacity for harvested fish;

b. Outboard motor with a minimum of seventy-five (75) horsepower;

c. Required safety equipment and personal flotation devices (PFD);

d. Fishing electronics, including traditional and side-imaging sonar, and water temperature; and

e. Valid boat registration;

Have a towing vehicle capable of boat transportation to and from designated removal sites and hauling of harvests for sale or disposal;
Have the necessary Kentucky Department of Transportation identification permits, insurance cards, and federal transportation tags for commercial transport of fish; and
Allow a department staff member to be present for all commercial fishing methods experimentation.

(f) A Tier I participant shall:

Fish under a paid commercial license that allows the harvest and sale of rough fish other than invasive carp;
Possess a valid Experimental Commercial Fishing Methods Program permit;
Be present for all commercial fishing methods experimentation;
Coordinate with the department to request a fishing date and location at least five (5) days in advance of fishing;
Allow department staff onboard vessels to observe and record fish harvesting efforts;
Cease any experimentation considered by the department to:

a. Be unsafe;

b. Interfere with other recreational users;

c. Be detrimental to non-target species; or

d. Be unsuccessful for significant invasive carp harvest;

Be responsible for the removal and lawful disposal of all invasive carp species caught from waters during fishing efforts;
Indicate on sales receipts that fish were harvested by an experimental gear and method authorized under this program and identify the permit holder;
Be eligible for the department's Kentucky and Barkley Lake Invasive Carp Subsidy Program;
Submit itemized invoices, by date, to the department each month, including pounds harvested of each species;
Complete a Daily Harvest and Release Summary Card after each day's fishing and submit all cards to the department at the end of each month;
Report all harvest on a Monthly Report of Commercial Fish Harvest in Kentucky, as established in 301 KAR 1:155; and
Meet with department personnel quarterly to review the actions taken under this program.

(7) Tier II requirements.

(a) A commercial fisher shall apply for Tier II of the program by submitting a completed Experimental Commercial Fishing Methods Program Permit Application provided by the department.

(b) Along with meeting the requirements established in subsection (6)(e)1. through 5. of this section, Tier II applicants shall also meet the requirements established in subparagraphs 1. through 6. of this paragraph:

Shown proficiency in use of the experimental gear and method by either:

a. Participating for at least six (6) months in Tier I of the program, with the gear and method fished a minimum of twenty (20) times; or

b. Previously utilizing the experimental gear and method through a department Memorandum of Agreement and have been released from department observation of experimental fishing activities;

Have previously been responsive to all department communications and requirements during Tier I activities including:

a. Fishing date scheduling and scheduling changes;

b. Reporting requirements; and

c. Department staff onboard observations;

Harvested at least 200,000 pounds of invasive carps through Tier I of the program within the previous year;
Harvested a weight ratio of at least eighty (80) percent invasive carp to twenty (20) percent scaled rough fish over the most recent ten (10) fishing days under Tier I of the program;
By-catch, in the form of sportfish, shall have represented five (5) percent or less by number of the fish caught, based upon the department observer's visual estimate, over the most recent ten (10) fishing days under Tier I of the program; and
By-catch shall have been in a condition where survival could be expected upon release.

Follow the requirements established in subsection (6)(f) of this section, except requests for a fishing date and location shall be made at least twenty-four (24) hours in advance of fishing;
Harvest a weight ratio of at least eighty (80) percent invasive carp to twenty (20) percent scaled rough fish over each one (1) month period;
By-catch, in the form of sportfish, shall be maintained at five (5) percent or less by number of the fish caught, based upon the fisher's or a department observer's visual estimate; and
Keep daily records and report the following to department staff on a monthly basis:

a. Pounds of fish harvested by species;

b. Number of personnel assisting with the effort;

c. Names of licensed commercial fishers that fish were transferred to for the purpose of transport and sale, if any;

d. Name of processor or fish market receiving fish;

e. Number of hours experimental gear was fished;

f. Number of times gear was deployed; and

g. Other pertinent information associated with the gear, for example, mesh size, gear depth, gear length, and approximate depth of water gear was used in.

Section 3. Unlicensed Helpers.

(1) A participant in the Invasive Carp and Scaled Rough Fish Harvest Program shall not utilize more than two (2) unlicensed helpers while actively fishing.

(2) A participant in Tier I or Tier II of the Experimental Commercial Fishing Methods Program may use more than two (2) unlicensed helpers while actively fishing but shall follow the reporting requirements as established in Section 2(7)(c)4.b. of this administrative regulation.

(3) A participant in either program shall ensure that an unlicensed helper complies with all boating safety requirements established in KRS Chapter 235.

(4) An unlicensed helper in either program shall:

(a) Be accompanied by a licensed program participant while using commercial fishing gear; and

(b) Be permitted to transport invasive carp in the absence of a program participant with a fish transportation permit as established in 301 KAR 1:125.

(5) A program participant whose commercial fishing license has been suspended or revoked in Kentucky or in another state shall not:

(a) Be listed as a helper by a licensed Kentucky commercial fisher or another participant in either program; or

(b) Assist a licensed Kentucky commercial fisher or another participant in either program in harvesting or transporting fish.

Section 4. Program Suspension, Revocation, and Disqualification.

(1) A participant in either program whose commercial fishing license becomes revoked or suspended as established in 301 KAR 1:155 shall be disqualified from participating in those programs while that license is revoked or suspended.

(2) A participant in the Invasive Carp and Scaled Rough Fish Harvest Program shall be suspended from the program:

(a) For a three (3) month period beginning on the first day of the next month if the minimum requirements established in Section 1(1)(d) are not met; and

(b) For a period of one (1) year beginning on the first day of the next month if the requirements are not met a second time.

(3) A participant in Tier I of the Experimental Commercial Fishing Methods Program shall be suspended from the program:

(a) For a three (3) month period beginning on the first day of the next month if the minimum requirements established in Section 2(6)(f) are not met; and

(b) For a period of one (1) year beginning on the first day of the next month if the requirements are not met a second time.

(4) A participant in Tier II of the Experimental Commercial Fishing Methods Program shall be suspended from the program:

(a) For a three (3) month period beginning on the first day of the next month if the minimum requirements established in Section 2(7)(c) are not met; and

(b) For a period of one (1) year beginning on the first day of the next month if the requirements are not met a second time.

(5) Falsification of any information listed in an application shall result in disqualification from consideration for selection and revocation of any experimental methods permit that may have been issued to the applicant.

(6) Any participant who is disqualified, revoked, or suspended from participation in either program may appeal the decision in accordance with KRS Chapter 13B.

(7) To appeal the disqualification, revocation, or suspension, the participant shall provide a written request for a KRS Chapter 13B hearing, postmarked or delivered in person to the department no later than thirty (30) days after notification of the disqualification or suspension.

Section 5. Non-commercial Invasive Carp Harvest and Sale. Any person possessing a valid Kentucky sport fishing license:

(1) May harvest invasive carp using legal fishing methods as established in 301 KAR 1:201; and

(2) May sell harvested invasive carp.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Daily Harvest and Release Summary Card", 2011 Edition;

(b) "Experimental Commercial Fishing Methods Program Permit Application", 2025 Edition;

(d) "Monthly Report of Commercial Fish Harvest in Kentucky", 2023 Edition.

(a) https://fw.ky.gov/Fish/Documents/DailyHarvestandReleaseSummaryCardAsianCarp.pdf for the "Daily Harvest and Release Summary Card";

(b) https://fw.ky.gov/Licenses/Documents/Exp-Comm-Fish-Methods-Program-Permit-App.pdf for the "Experimental Commercial Fishing Methods Program Permit Application";

(c) https://fw.ky.gov/Licenses/Documents/Comm-Fishing-Licenses-Permits-App.pdf for the "Commercial Fishing Licenses and Permits Application"; and

(d) https://fw.ky.gov/Fish/Documents/CommercialFishData.pdf for the "Monthly Report of Commercial Fish Harvest in Kentucky".

History

RELATES TO: KRS Chapter 13B, 150.010, 150.170, 150.175, 150.445, 150.450(2), (3), 150.990
STATUTORY AUTHORITY: KRS 150.025(1)
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB 6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling, and transporting of fish and wildlife, the creel limits and methods of take, restriction of places where taking is permitted, and the application of administrative regulations to a limited area or to the entire state. This administrative regulation establishes the requirements for the harvest and sale of invasive carp beyond the requirements of 301 KAR 1:155.
History: 301 KAR 001:152. 38 Ky.R. 434; eff. 10-6-2011; 38 Ky.R. 1473; 1724; eff. 5-4-2012; 39 Ky.R. 647; 1041; eff. 11-7-2013; 41 Ky.R. 854; eff. 1-5-2015; 43 Ky.R. 1440; eff 5-5-2017; 44 Ky.R. 132; eff. 9-8-2017; 45 Ky.R. 2165; eff. 4-5-2019; 46 Ky.R. 150; eff. 9-10-2019; 48 Ky.R. 130, 1125; eff. 11-17-2021; 50 Ky.R. 2292; 51 Ky.R. 268; eff. 11-5-20024; 52 Ky.R.240; eff. 11-6-2025.

301 KAR 1:155 Commercial fishing requirements {#sec-301-kar-1-155 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:155}

Section 1. Commercial Fishing License Application Procedures. Before taking rough fishes from the waters of the state by the use of commercial fishing gear, an individual shall obtain the appropriate Kentucky commercial fishing license by:

(1) Submitting a completed Commercial Fishing Licenses and Permits Application to the department; and

(2) Paying the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

Section 2. Nonresident Commercial Fishing Licenses. A nonresident commercial fishing license shall only be issued to residents of states that offer nonresident fishing licenses to Kentucky residents, except that a nonresident with a valid 2013 Kentucky nonresident commercial fishing license shall be eligible to purchase a nonresident fishing license in subsequent license years, unless the nonresident fails to purchase the license during any license year.

Section 3. Unlicensed Helpers.

(1) A commercial fisher shall not utilize more than two (2) unlicensed helpers while actively fishing.

(2) A commercial fisher shall ensure that an unlicensed helper complies with all boating safety requirements established in KRS Chapter 235.

(3) An unlicensed helper shall:

(a) Be accompanied by a licensed commercial fisher while using commercial fishing gear; and

(b) Be permitted to transport roe or roe-bearing fish in the absence of a commercial fisher with a fish transportation permit as established in 301 KAR 1:125.

(4) A commercial fisher whose commercial fishing license has been suspended or revoked in Kentucky or in another state shall not:

(a) Be listed as a helper by a licensed Kentucky commercial fisher; or

(b) Assist a licensed Kentucky commercial fisher in harvesting or transporting fish.

Section 4. Tagging and Using Commercial Gear. A commercial fisher shall:

(1) Tag commercial fishing gear as established in 301 KAR 1:146;

(2) Not use commercial fishing gear within:

(a) Fifty (50) yards of the outlet or inlet of an overflow lake;

(b) Fifty (50) yards of the mouth of a stream, except the mouth of the Ohio River; or

(3) Not use commercial nets from April 1 through October 31:

(a) In bays and inlets of Kentucky Lake or Lake Barkley; or

(b) Within 200 yards from the mouth of bays or inlets in Kentucky Lake or Lake Barkley; and

(4) Call the department at 800-858-1549 within twenty-four (24) hours if any commercial gear is:

(a) Lost;

(b) Stolen; or

Section 5. Special Catfish Harvest Restrictions.

(1) In all waters open to commercial fishing, except as established in subsection (2) of this Section, there shall be:

(a) An unlimited harvest of catfish less than trophy catfish size; and

(b) A daily limit of one (1) trophy catfish of each species.

(2) A person with a valid commercial license shall obtain from the department a free Lower Ohio River Trophy Catfish harvest permit in order to harvest Lower Ohio River Trophy Catfish in the mainstem Ohio River downstream of Cannelton Lock and Dam.

(a) The department shall issue a maximum of fifteen (15) permits annually.

(b) The department shall issue a permit to a commercial fisher who:

Has reported a minimum harvest of 10,000 pounds of catfish from the Ohio River and its tributaries open to commercial fishing in at least two (2) of the last three (3) years; and
Submits a completed Lower Ohio River Trophy Catfish Harvest Permit Application to the department postmarked on or before March 10.

(c) A commercial fisher may retain the rights to the permit each year, provided the requirements established in paragraph (2)(b) of this subsection are met.

(d) Each permit shall be issued in the order established in subparagraph 1. through 3. of this paragraph.

Retained permit requests;
A random electronic drawing for the remaining permit requests that are postmarked by March 10 of each year; and
First-come, first-served for any remaining permits.

(e) There shall be an unlimited daily harvest of catfish less than Lower Ohio River Trophy Catfish size for each permit holder in the mainstem Ohio River downstream of Cannelton Lock and Dam.

(f) There shall be a daily limit of four (4) Lower Ohio River Trophy Catfish in aggregate for each permit holder in the mainstem Ohio River downstream of Cannelton Lock and Dam.

(3) A Lower Ohio River Trophy Catfish harvest permit holder shall not possess more than one (1) daily limit of Lower Ohio River Trophy Catfish while on the water or trailering on a boat ramp.

(4) There shall be a maximum of two (2) daily limits of Lower Ohio River Trophy Catfish possessed per boat while on the water or when trailering on a boat ramp if there is more than one (1) Lower Ohio River Trophy Catfish harvest permit holder in the boat.

(5) While on the water or trailering on a boat ramp, a commercial fisher who does not possess a Lower Ohio River Trophy Catfish harvest permit shall not possess more than one (1) daily limit of trophy catfish.

(6) While on the water or trailering on a boat ramp, multiple commercial fishers per boat who do not possess a Lower Ohio River Trophy Catfish harvest permit shall not possess more than two (2) daily limits of trophy catfish.

Section 6. Commercial Roe-Bearing Fish Harvester's Permit.

(1) In order to retain his or her permit privilege, a harvester's permit holder shall submit to the department postmarked by September 15:

(a) A completed Commercial Fishing Licenses and Permits Application; and

(b) The applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

(2) Prior to being issued a harvester's permit, a person shall possess a valid commercial fishing license.

(3) A harvester's permit shall not be sold to a resident of a state that will not sell a nonresident harvester's permit, or its equivalent, to Kentucky residents.

(4) The maximum number of resident harvester's permits available each year shall be 101.

(5) The maximum number of nonresident harvester's permits available each year shall be eighteen (18).

(6) A harvester's permit holder shall be eligible to transfer permit privileges to an:

(a) Immediate family member; or

(b) Unlicensed helper who:

Has been employed by the permit holder for a period of at least one (1) year in that capacity; and
Complies with the requirements of this administrative regulation.

(7) To transfer a permit, the permit holder shall send to the department:

(a) A notarized letter documenting the name and relationship of the permit recipient; and

(b) If an unlicensed helper, proof of employment of the unlicensed helper for a period of one (1) year.

(8) Transferability shall be voided if a commercial fishing license or harvester's permit is revoked or suspended as established in Section 14 of this administrative regulation.

Section 7. Commercial Roe-Bearing Fish Harvester's Permit Drawing.

(1) There shall be a drawing for the unfilled harvester's permits below the quota.

(2) A person shall apply for the drawing by submitting the following to the department by September 15:

(a) A completed Commercial Fishing Licenses and Permits Application; and

(b) The applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

(3) A mailed Commercial Fishing Licenses and Permits Application shall be postmarked by September 15 to be eligible.

(4) A person chosen in the drawing shall first obtain a commercial fishing license prior to obtaining a harvester's permit.

(5) The department shall return all permit fees to those not chosen in the drawing.

(6) If the department receives fewer resident or nonresident Commercial Fishing Licenses and Permits Applications than the number of available harvester's permits, then completed Commercial Fishing Licenses and Permits Applications received after September 15 shall be issued in the order they were received until the quota has been reached.

(7) If the number of Commercial Fishing Licenses and Permits Applications received after September 15 exceeds the number of harvester's permits available, then a second drawing shall be held to determine the recipients of the available permits.

Section 8. Commercial Roe-Bearing Fish Harvester's Permit Requirements.

(1) A harvester's permit shall be required for a licensed commercial fisher to harvest, transport, or sell roe fish or unprocessed roe.

(2) A permit shall not be required for a special commercial fishing permit holder to harvest and sell roe-bearing fish flesh or unprocessed roe from Kentucky Lake and Lake Barkley during the special commercial fishing season, as established in 301 KAR 1:140.

(3) A harvester's permit shall not be issued unless all applicable reports have been completed and submitted to the department, pursuant to Section 14 of this administrative regulation.

(4) A harvester's permit holder shall:

(a) Have the permit in possession while:

Fishing for roe-bearing fish; and
Transporting or selling roe-bearing fish or unprocessed roe;

(b) Only sell, ship, barter, or provide harvested roe from roe-bearing fish to a Kentucky permitted buyer as established in Section 9 of this administrative regulation; and

Section 9. Commercial Roe-Bearing Fish Buyer's Permit Requirements.

(1) A buyer's permit shall be required to buy, sell, barter, receive, or ship unprocessed roe from roe-bearing fish harvested in Kentucky.

(2) A person shall apply for a buyer's permit by submitting a completed Commercial Fishing Licenses and Permits Application to the department along with the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

(3) A buyer's permit holder shall:

(a) Not knowingly purchase illegally taken fish or unprocessed roe from any state;

(b) Have in possession a valid buyer's permit while purchasing, receiving, or transporting unprocessed roe;

(c) Maintain for a period of three (3) years an accurate record of all unprocessed roe purchased from roe-bearing fish harvesters in Kentucky;

(d) Maintain for a period of three (3) years an accurate record of all unprocessed roe purchased from roe-bearing fish harvesters in another state including:

Name, address, and telephone number of the seller;
License number of the seller; and
Number of pounds of unprocessed roe purchased;

(e) Sign the harvester's permit holder's Daily Roe-Bearing Fish Harvester's Transaction Report for each transaction prior to purchasing or receiving unprocessed roe from the harvester;

(f) Retain a copy of the Daily Roe-Bearing Fish Harvester's Transaction Report for each transaction with a harvester's permit holder for a period of three (3) years; and

(g) Allow a game warden access to all records and reports, as established in this section, upon request, during normal business hours.

Section 10. Commercial Fishing Season and Size Limits.

(1) The commercial fishing season shall be open year-round in the waters listed in 301 KAR 1:150, except for:

(a) Kentucky Lake and Lake Barkley as established in 301 KAR 1:140;

(b) The shovelnose sturgeon season, which shall extend from October 15 through May 15 in the Ohio River Basin only; and

November 1 through April 30 in all waters open to commercial fishing, except Kentucky Lake and Lake Barkley, as established in 301 KAR 1:140; and
November 1 through May 31 for commercial trotlines in all waters open to commercial fishing, except the Ohio and Mississippi rivers.

(2) There shall not be a size limit on any commercially-harvested rough fish, except that a commercial fisher shall only harvest:

(a) Shovelnose sturgeon between twenty-four (24) and thirty-two (32) inches, as measured from the tip of the snout to the fork of the tail fin;

(b) Paddlefish that are thirty-two (32) inches or greater, as measured from the beginning of the eye to the fork of the tail fin, except in Kentucky Lake and Lake Barkley as established in 301 KAR 1:140; and

(c) Blue catfish, flathead catfish, and channel catfish as established in Section 5 of this administrative regulation, and measured by laying the fish flat on a ruler with the mouth closed and tail lobes squeezed together.

(3) A harvester's or buyer's permit holder shall not possess:

(a) Unprocessed paddlefish roe after June 5; or

(b) Unprocessed shovelnose sturgeon roe after May 20.

Section 11. Species Ineligible for Commercial Harvest.

(1) A commercial fisher shall not harvest, and shall immediately release the following species:

(a) Sport fish listed in 301 KAR 1:060;

(b) Pallid sturgeon, a federally endangered species;

(d) Shovelnose sturgeon caught in the Mississippi River;

(e) All turtle species;

(f) All mussel species except Asiatic clams (Genus Corbicula); and

(g) Alligator gar.

(2) A licensed commercial fisher shall only sell roe-bearing fish or unprocessed roe from roe-bearing fish harvested by commercial fishing methods as established in 301 KAR 1:146.

Section 12. Tending Gear and Removing Fish. A commercial fisher shall:

(1) Tend and remove the fish from:

(a) Hoop nets or slat traps at least once every seventy-two (72) hours; and

(b) Other commercial fishing gear at least once every twenty-four (24) hours;

(2) Not possess eggs of any species of fish outside of the fish's body cavity while on the water or adjacent bank; and

(3) Remove commercial fishing gear from the water when finished fishing.

Section 13. Roe Fish Egg Checking Methodology. A commercial fisher shall use a ten (10) gauge or smaller needle to examine roe fish for the presence of eggs.

Section 14. Reporting, License and Permit Suspension, Renewal, and Revocation.

(1) Every licensed commercial fisher shall submit a completed Monthly Report of Commercial Fish Harvest in Kentucky by the tenth day of every month for the previous month's harvest, even if no harvest occurred.

(2) A harvester's permit holder shall:

(a) Complete a Daily Roe-Bearing Fish Harvester's Transaction Report for each day of the month that roe-bearing fish are harvested or sold to a Kentucky permitted buyer; and

(b) Submit to the department all completed daily reports within a calendar month by the tenth day of the following month, in addition to the reporting requirements established in subsection (1) of this section.

(3) If a buyer's permit holder completes any transactions in a given month, the permit holder shall submit to the department a completed Monthly Commercial Roe-Bearing Fish Buyer's Report by the tenth day of the following month.

(4) A report that is being mailed to the department shall be postmarked on or before the tenth of the month pursuant to subsections (1) through (3) of this section.

(5) The department shall issue a courtesy reminder letter to a holder of a commercial fishing license, harvester's permit, or buyer's permit who has failed to submit to the department a monthly report by the deadlines established in subsections (1) through (4) of this section.

(6) The department shall issue a warning letter to a license or permit holder who has twice failed to meet the reporting deadlines established in subsections (1) through (4) of this section during any given commercial fishing license year.

(7) The department shall suspend the commercial fishing license of a license or permit holder who has failed to meet reporting deadlines for three (3) or more months in a given license year until the license or permit holder submits to the department all required reports.

(8) The department shall suspend for a period of three (3) months the commercial fishing license of a license or permit holder who has not met the reporting deadlines established in this section for four (4) or more times in a license year.

(9) If a three (3) month suspension extends into a new license year, subsequent delinquent reports shall result in additional three (3) month suspensions.

(10) The department shall not renew a commercial fishing license, harvester's permit, or buyer's permit for a person who has not satisfied the reporting requirements of this administrative regulation.

(11) The department shall revoke the commercial fishing license, for a period of two (2) years, of a person who has been convicted of a federal commercial fishing violation or the following state violations involving commercial fishing:

(a) Use of illegal commercial fishing gear, pursuant to 301 KAR 1:146;

(b) Knowingly placing commercial fishing gear in a restricted area, pursuant to Section 4(2) and (3) of this administrative regulation;

(d) Commercially fishing in waters not open to commercial fishing, pursuant to 301 KAR 1:150; or

(e) Knowingly falsifying commercial harvest data.

(12) The department shall revoke a buyer's permit, for a period of two (2) years, of a person:

(a) Convicted of a federal commercial fishing violation; or

(b) Who falsified data on a Monthly Commercial Roe-Bearing Fish Buyer's Report.

Section 15. Administrative Hearings.

(1) A person may request an administrative hearing pursuant to KRS Chapter 13B if a permit has been:

(a) Denied;

(b) Suspended;

(d) Revoked.

(2) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial, suspension, non-renewal, or revocation.

(3) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(4) The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order, pursuant to KRS Chapter 13B.

Section 16. Boundaries. The department shall make available on its Web site at fw.ky.gov the Global Positioning System coordinates detailing the Kentucky and Ohio border on the Ohio River, for download to personal devices.

Section 17. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Commercial Fishing Licenses and Permits Application", 2025 Edition;

(b) "Lower Ohio River Trophy Catfish Harvest Permit Application", 2025 Edition;

(d) "Monthly Commercial Roe-Bearing Fish Buyer's Report", 2008 Edition;

(e) "Monthly Report of Commercial Fish Harvest in Kentucky", 2023 Edition; and

(f) "List of GPS coordinates for Ohio River Boundary with Ohio", 2008 Edition.

(a) https://fw.ky.gov/Licenses/Documents/Comm-Fishing-Licenses-Permits-App.pdf for the "Commercial Fishing Licenses and Permits Application";

(b) https://fw.ky.gov/Licenses/Documents/Lower-Ohio-River-Trophy-Catfish-Harvest-Permit-App.pdf for the "Lower Ohio River Trophy Catfish Harvest Permit Application";

(c) https://fw.ky.gov/Fish/Documents/roefishharvestreport[1].pdf for the "Daily Roe-Bearing Fish Harvester's Transaction Report";

(d) https://fw.ky.gov/Fish/Documents/roefishbuyreport[1].pdf for the "Monthly Commercial Roe-Bearing Fish Buyer's Report";

(e) https://fw.ky.gov/Fish/Documents/CommercialFishData.pdf for the "Monthly Report of Commercial Fish Harvest in Kentucky"; and

(f) https://fw.ky.gov/Fish/Pages/Navigation-Information-for.aspx for the "List of GPS coordinates for Ohio River Boundary with Ohio".

History

RELATES TO: KRS 150.010, 150.120, 150.170, 150.445, 150.450(2), (3), 150.990, 217.015(20)
STATUTORY AUTHORITY: KRS 150.025(1), 150.175(3), 50 C.F.R. 17
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB 6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling, and transporting of fish and wildlife, the creel limits and methods of take, restriction of places where taking is permitted, and the application of administrative regulations to a limited area or to the entire state. KRS 150.175(3) authorizes the department to establish a commercial fishing license that allows the taking and selling of rough fish. 50 C.F.R. 17 protects the shovelnose sturgeon from harvest because of similarity of appearance with the endangered pallid sturgeon. This administrative regulation establishes commercial fishing requirements, protects certain species from overharvest, and regulates the buying and selling of roe-bearing species of rough fish.
History: 301 KAR 001:155. KFWR-F-CF3-2; 1 Ky.R. 243; eff. 1-8-1975; Am. 5 Ky.R. 1078; eff. 8-1-1979; 21 Ky.R. 490; eff. 9-28-1994; 25 Ky.R. 410; 834; eff. 10-16-1998; 29 Ky.R. 1314; 1765; eff. 1-16-2003; 32 Ky.R. 942; eff. 2-3-2006; 34 Ky.R. 367; 850; 1395; eff. 12-12-2007; 34 Ky.R. 2217; Am. 2552; 35 Ky.R. 550; eff. 9-12-2008; 37 Ky.R. 2056; 2430; 2565; eff. 6-3-2011; 39 Ky.R. 834; eff. 1-4-2013; 40 Ky.R. 1874; 2424; eff. 6-6-2014; 44 Ky.R. 570; eff. 12-7-2017; 45 Ky.R. 2167; eff. 4-5-2019; 50 Ky.R. 1568; eff. 6-6-2024; 52 Ky.R. 243; eff. 11-6-2025.

301 KAR 1:171 Grass carp supplier requirements {#sec-301-kar-1-171 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:171}

Section 1. Definitions.

(1) "Diploid grass carp" means a fish of the genus and species Ctenopharynogodon idella that is reproductively fertile and has not been genetically altered and therefore has the normal set of somatic chromosomes as determined by blood sample.

(2) "Triploid grass carp" means a fish of the genus and species Ctenopharynogodon idella that is reproductively sterile because it has been genetically altered so as to have an additional or extra set of somatic chromosomes as determined by blood sample.

Section 2. Acquisition of Triploid Grass Carp (Ctenopharynogodon idella) by a Supplier. A person wishing to supply triploid grass carp shall:

(1) Obtain a live fish and bait dealers license as established in 301 KAR 1:120;

(2) Obtain a fish transportation permit as established in 301 KAR 1:125 that lists triploid grass carp as the species to be transported;

(3) If the triploid grass carp will be propagated, obtain a fisheries commercial propagation permit as established in 301 KAR 1:115; and

(4) Provide the Division of Fisheries with written assurances on a monthly basis that each grass carp sold or delivered for use in Kentucky waters has been tested and certified by the U.S. Fish and Wildlife Service's Triploid Grass Carp Certification Program to be a triploid fish. Failure to supply these written assurances shall be cause for license or permit revocation.

Section 3. Propagation of Triploid Grass Carp.

(1) A person shall apply to the Division of Fisheries for a Fisheries commercial propagation permit for propagating triploid grass carp.

(2) A fisheries commercial propagation permit for triploid grass carp shall not be issued until the Division of Fisheries personnel have made an on-site inspection of the applicant's propagation facility to determine that adequate containment measures exist to preclude escape for all life stages of any diploid grass carp into public waters.

(3) The Division of Fisheries shall determine and specify the number of broodstock diploid (sterile) grass carp that may be obtained from out-of-state sources.

(4) A person shall utilize the U.S. Fish and Wildlife Service's Triploid Grass Carp Certification Program to certify all grass carp sold or transported are triploids.

(5) Diploid grass carp resulting from the production of triploids shall be destroyed on site by the propagator.

Section 4. Eradication of Diploid Grass Carp.

(1) The Division of Fisheries may take random samples of grass carp shipped into and within Kentucky and from other stocks held by suppliers.

(2) A triploid grass carp licensee or permittee shall have his or her license or permit revoked if diploid grass carp are discovered.

(3) The licensee or permittee shall be responsible for removing and destroying all grass carp from a shipment containing diploid fish that were stocked in Kentucky waters, and shall reimburse the pond owner the full purchase price of the fish, including transportation costs.

History

RELATES TO: KRS 150.010, 150.025, 150.180, 150.990
STATUTORY AUTHORITY: KRS 150.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish the procedures for transporting and conserving wildlife. This administrative regulation establishes the procedures for acquiring, transporting and producing triploid grass carp.
History: 15 Ky.R. 1988; eff. 3-22-1989; 30 Ky.R. 2335; 31 Ky.R. 24; eff. 7-14-2004; Crt eff. 11-8-2019.

301 KAR 1:180 Fisheries management permit for private waters {#sec-301-kar-1-180 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:180}

Section 1. Special management regulations for individual private lakes may be imposed provided an appropriate Fisheries Management Permit request is submitted to the Division of Fisheries, Frankfort office, and includes the signatures of the lake owner, county conservation officer, and the signature and recommendations of the appropriate District Fishery Biologist. With the approval of the Director, Division of Fisheries, a Fisheries Management Permit will be issued to the lake owner and will specify the recommended management program. The permit will serve as the owner's authority to impose the special regulations.

Section 2. It will be owner's responsibility to conspicuously post the regulation in a manner so that those anglers fishing the lake will be aware of such restrictions.

History

RELATES TO: KRS 150.010, 150.025, 150.470
STATUTORY AUTHORITY: KRS 13A.350, 150.025
NECESSITY, FUNCTION, AND CONFORMITY: To allow owners of nonpublic lakes to implement special fishery management programs which would otherwise be in conflict with statewide regulations.
History: 12 Ky.R. 1455; eff. 3-4-1986; Crt eff. 11-8-2019.

301 KAR 1:185 Pay lakes {#sec-301-kar-1-185 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:185}

Section 1. Pay Lake License Application Procedures.

(1) Before operating a pay lake in Kentucky, an individual shall obtain the appropriate pay lake license by:

(a) Submitting a completed Pay Lake License Application to the department; and

(b) Paying the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

(2) A pay lake license shall be transferable, but only for the same pay lake, except that a license shall not be transferred while an enforcement action is pending.

Section 2. Pay Lake Signage. A pay lake operator shall post clearly visible signage stating:

(1) The water body of origin of stocked catfish and any associated consumption advisories, if applicable; and

(2) Fish handling policies if catch and release fishing is offered.

Section 3. Documentation and Fish Stocking Requirements.

(1) A pay lake shall not accept catfish that have been gifted to them.

(2) A pay lake shall save all receipts for three (3) years from the date of purchase, for each fish order received, and the receipts shall include:

(a) The name, address, and telephone number of:

The hatchery, if obtained from a hatchery; or
The commercial fisher and driver who provided the fish, if obtained from public waters;

(b) Purchase dates; and

(c) The following details of fish by species, except catfish shall be recorded with separate entries for trophy and non-trophy catfish of each species, which includes the:

Estimated number of fish;
Poundage; and
Waterbody of origin.

(3) A pay lake may stock trophy catfish from public waters up to 750 pounds per surface acre of water per stocking, with a maximum annual limit of up to 2,250 pounds per surface acre of water per calendar year.

Section 4. Non-conforming Pay Lakes. Any lake not meeting the definition of a pay lake, as defined in 301 KAR 1:001, shall not qualify for a pay lake license, except that any non-conforming pay lake that was previously licensed as a pay lake for all license years 2008 through 2018 inclusive, shall be permitted to renew a pay lake license until the pay lake operator does not purchase a pay lake license for one (1) annual license period or the pay lake license is revoked as established in Section 6 of this administrative regulation. Notwithstanding any other provision, non-conforming pay lake licenses are non-transferable, and shall not be renewed after the 2054-2055 license year.

Section 5. Pay Lakes with Trophy Catfish from Public Waters.

(1) There shall be a maximum of thirty-five (35) pay lakes with trophy catfish originating from public waters in any pay lake license year.

(2) If there are more than thirty-five (35) licensed pay lakes, as established in subsection (1) of this section, as of November 1st 2019, each licensed pay lake shall be permitted to renew a pay lake license until the pay lake operator does not purchase a pay lake license for one (1) annual license period.

(3) If at the end of a pay lake license year, less than thirty-five (35) pay lake licenses were issued, as established in subsection (1) of this section, then the department shall issue pay lake licenses on a first-come, first-served basis beginning on the first work day of the next license year.

Section 6. Pay Lake License Revocation.

(1) A pay lake operator who violates this administrative regulation or is convicted or enters a guilty plea to any state or federal fish or game violation shall have his or her pay lake license revoked for a period of:

(a) Three (3) months for a first offense;

(b) One (1) year for a second offense;

(d) Permanently if the license is for a non-conforming pay lake.

(2) A pay lake operator whose pay lake license is denied, revoked, or suspended may request an administrative hearing as established in KRS Chapter 13B.

(3) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or revocation.

(4) Upon receipt of the request for a hearing, the department shall proceed as established in KRS Chapter 13B.

(5) The hearing officer's recommended order shall be considered by the Commissioner and the Commissioner shall issue a final order as established in KRS Chapter 13B.

Section 7. Incorporation by Reference.

(1) "Pay Lake License Application", 2025 Edition, is incorporated by reference.

(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, Monday through Friday, 8:00 a.m. to 4:30 p.m. or online at https://fw.ky.gov/Licenses/Documents/Pay-Lake-Lic-App.pdf.

History

RELATES TO: KRS 13B, 150.470, 150.990
STATUTORY AUTHORITY: KRS 150.025(1)(h), 150.175(24), 150.660
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB 6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(h) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations reasonably necessary to carry out the purposes of KRS Chapter 150. KRS 150.175(24) authorizes the department to promulgate administrative regulations relating to a pay lake license that authorizes the holder to operate privately-owned impounded waters for fishing purposes for which a fee is charged. KRS 150.660 authorizes a person to establish a pay lake subject to the approval of the Commissioner of the department. This administrative regulation establishes the requirements for pay lake operators.
History: 301 KAR 001:185. 46 Ky.R. 813, 1103; eff. 11-1-2019; 52 Ky.R. 248, 718; eff. 11-6-2025.

301 KAR 1:201 Taking of fish by traditional fishing methods {#sec-301-kar-1-201 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:201}

Section 1. Statewide Limits and Requirements.

(1) A person taking fish from public or private waters using traditional fishing methods shall observe the daily limits and size limits established in paragraphs (a) through (l) of this subsection, except as established in Sections 2 through 6 of this administrative regulation or pursuant to 301 KAR 1:180:

(a) Black bass daily limit, six (6).

Largemouth bass and smallmouth bass size limit, twelve (12) inches.
Kentucky bass and Coosa bass, no size limit;

(b) Rock bass daily limit, fifteen (15); no size limit;

(c) Sauger, walleye, and any hybrid thereof daily limit, singly or in combination, six (6); size limit, fourteen (14) inches;

(d) Muskellunge daily limit, one (1); size limit, thirty (30) inches;

(e) Chain pickerel daily limit, five (5); no size limit;

(f) White bass and hybrid striped bass daily limit, singly or in combination, fifteen (15); size limit, no more than five (5) fish in a daily limit or ten (10) fish in a possession limit shall be fifteen (15) inches or longer;

(g) Striped bass daily limit, five (5); size limit, fifteen (15) inches;

(h) Crappie daily limit, twenty (20); no size limit;

(i) Trout.

No culling statewide.
Rainbow trout daily limit, eight (8); no size limit.
Brown trout daily limit, one (1); size limit, sixteen (16) inches.
Brook trout, catch and release only.
Cutthroat trout daily limit, one (1); size limit, twenty (20) inches;

(j) Redear sunfish daily limit, twenty (20); no size limit;

(k) Paddlefish daily limit, two (2); no size limit; and

(l) Catfish daily limit is unlimited; no size limit, except that only one (1) trophy catfish of each species may be harvested daily.

(2) The possession limit shall be two (2) times the daily limit, except as established in Section 2 of this administrative regulation.

(3) A person shall release grass carp caught from a lake owned or managed by the department.

(4) A person shall release any:

(a) Lake sturgeon; or

(b) Alligator gar.

(5) A person shall release fish:

(a) Below the minimum size limits established by this administrative regulation;

(b) Within a protected slot limit established by this administrative regulation; or

(6) A person shall not possess more than one (1) daily limit of processed or unprocessed fish while:

(a) Fishing;

(b) On the shoreline; or

(7) A fishing tournament organizer or representative, excluding a tournament angler, may possess more than the daily limit of tournament caught fish:

(a) At the weigh-in site;

(b) At the release site; or

(8) A fishing tournament organizer or representative, excluding a tournament angler, may possess more than the daily limit of unprocessed tournament caught fish that expired at the sites established in subsection (7) of this section for subsequent disposal by one (1) of the methods established in paragraphs (a) through (c) of this subsection:

(a) Bagged, sealed, and placed in a garbage dump;

(b) Donated to a charity for the purpose of human consumption; or

(9) A person shall not remove the head or tail of any fish for which a size limit or daily limit exists while:

(a) Fishing;

(b) On the shoreline; or

(10) A person may possess sport fish below the size limit or beyond the possession limit if the person:

(a) Obtains the fish from a licensed fish propagator or other legal source; and

(b) Retains a receipt or other written proof that the fish were legally acquired.

(11) A person shall release all caught trout unless the person:

(a) Has a valid trout permit;

(b) Is exempted from trout permit requirements pursuant to KRS 150.170(2); or

(12) A person fishing in an artificial bait-only area shall not attach any of the items established in paragraphs (a) through (h) of this subsection to the artificial bait:

(a) An insect;

(b) Minnow;

(d) A worm;

(e) Corn;

(f) Cheese;

(g) Cut bait; or

(h) A similar organic bait substance including dough bait and putty or paste-type bait designed to attract fish by taste or smell.

(13) The fishing season shall be open year-round.

Section 2. Exceptions. All other provisions of this administrative regulation shall apply to the bodies of water listed in this section, with the exceptions established in subsections (1) through (72) of this section.

(1) Bad Branch, Letcher County. A person shall only fish with artificial bait with a single hook;

(2) Barren River and tributaries upstream from confluence with the Green River, including Barren River Lake. Smallmouth bass size limit, fifteen (15) inches;

(3) Barren River Lake.

(a) Crappie size limit, ten (10) inches.

(b) Largemouth and smallmouth bass size limit, fifteen (15) inches.

(c) Blue and channel catfish aggregate daily limit of fifteen (15), only one (1) of which shall be longer than twenty-five (25) inches.

(d) Barren River Lake shall extend up:

Barren River to the Highway 100 bridge;
Long Creek to the Highway 100 bridge;
Beaver Creek to the Highway 1297 bridge;
Skaggs Creek to the Mathews Mill Road bridge; and
Peter Creek to the Peter Creek Road bridge;

(4) Beaver Lake, Anderson County.

(a) A person shall not possess shad or use shad as bait.

(b) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(5) Beech Fork Reservoir, Powell County.

(a) Largemouth bass size limit, fifteen (15) inches.

(b) Bluegill daily limit, fifteen (15);

(6) Bert Combs Lake, Clay County.

(a) A person shall not possess shad or use shad as bait.

(b) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(7) Beulah Lake, Jackson County. Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(8) Boltz Lake, Grant County.

(a) A person shall not possess shad or use shad as bait.

(b) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(9) Briggs Lake, Logan County. A person shall not possess shad or use shad as bait;

(10) Buckhorn Lake.

(a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

(b) Muskellunge size limit, forty (40) inches.

(11) Carnico Lake, Nicholas County.

(a) Largemouth bass size limit, fifteen (15) inches.

(b) Sunfish daily limit, fifteen (15);

(12) Carr Creek Lake.

(a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

(b) Crappie size limit, nine (9) inches.

(c) Blue and channel catfish aggregate daily limit of fifteen (15), only one (1) of which shall be longer than twenty-five (25) inches;

(13) Carter Caves State Park Lake, Carter County.

(a) Fishing shall be during daylight hours only.

(b) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches.

(14) Cave Run Lake.

(a) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches.

(b) Smallmouth bass size limit, eighteen (18) inches.

(d) Cave Run Lake shall extend up:

Scott's Creek to the Highway 801 culvert;
Beaver Creek to the Highway 1274 culvert;
North Fork Creek to the confluence of Craney Creek;
Licking River to the Highway 772 bridge; and
Ramey Creek to include the pool of water north of Highway 801;

(15) Cedar Creek Lake, Lincoln County. Largemouth bass size limit, twenty (20) inches; daily limit, one (1);

(16) Chimney Top Creek, Wolfe County. A person shall only fish with artificial bait;

(17) Corinth Lake, Grant County.

(a) A person shall not possess shad or use shad as bait.

(b) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(18) Cumberland River upstream from Cumberland Falls and all tributaries. Smallmouth bass size limit, fifteen (15) inches;

(19) Cumberland River from Wolf Creek Dam downstream to the Kentucky-Tennessee state line and tributaries, except Hatchery Creek in Russell County as established in subsections (36) and (37) of this section.

(a) Brown trout size limit, twenty (20) inches; daily limit, one (1).

(b) Brook trout size limit, fifteen (15) inches; daily limit, one (1).

(c) Rainbow trout. There shall be a slot limit between fifteen (15) and twenty (20) inches; daily limit, five (5), which shall not include more than one (1) fish greater than twenty (20) inches.

(d) A trout permit shall be required in order to fish the Cumberland River below Wolf Creek Dam to the Tennessee state line including the Hatchery Creek and all other tributaries upstream to the first riffle.

(e) Chumming shall not be permitted in the Cumberland River below Wolf Creek Dam to the Tennessee state line, including the Hatchery Creek and all other tributaries upstream to the first riffle;

(20) Cumberland River below Lake Barkley. Fishing is prohibited at the mouth of the lock chamber, as designated by signs;

(21) Dale Hollow Lake.

(a) Smallmouth bass. There shall be a slot limit between sixteen (16) and twenty-one (21) inches. The daily limits shall not include more than one (1) fish less than sixteen (16) inches long and one (1) fish greater than twenty-one (21) inches long.

(b) Walleye and walleye hybrids, daily limit, five (5); size limit, sixteen (16) inches.

(d) Rainbow trout and brown trout, no size limit; daily limit, seven (7), singly or in combination.

(e) Largemouth bass size limit, fifteen (15) inches.

(f) Black bass aggregate daily limit, five (5), no more than two (2) of which shall be smallmouth bass.

(g) Crappie size limit, ten (10) inches; daily limit, fifteen (15);

(22) Dewey Lake.

(a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

(b) Blue and channel catfish aggregate daily limit of fifteen (15), only one (1) of which shall be longer than twenty-five (25) inches.

(23) Dix River for two (2) miles downstream from Herrington Lake Dam. A person shall only fish with artificial bait;

(24) Doe Run Lake, Kenton County.

(a) Largemouth bass size limit, fifteen (15) inches.

(b) Channel catfish daily limit, four (4).

(25) Dog Fork, Wolfe County. A person shall only fish with an artificial bait with a single hook;

(26) Elkhorn Creek, downstream from the confluence of the North and South forks to the first shoal located 3,400 feet above its confluence with the Kentucky River, as posted with signs. Largemouth bass and smallmouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(27) Elmer Davis Lake, Owen County.

(a) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches.

(b) A person shall not possess shad or use shad as bait;

(28) Fishtrap Lake.

(a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

(b) Crappie size limit, nine (9) inches.

(c) Blue and channel catfish aggregate daily limit of fifteen (15), only one (1) of which shall be longer than twenty-five (25) inches;

(29) Floyd's Fork Creek, from Highway 60 downstream to Bardstown Road in Jefferson County. Largemouth and smallmouth bass size limit, fifteen (15) inches;

(30) Golden Pond at the Visitors' Center at Land Between the Lakes. Channel catfish daily limit, five (5); size limit, fifteen (15) inches;

(31) General Butler State Park Lake, Carroll County.

(a) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches.

(b) Channel catfish daily limit, four (4).

(32) Grayson Lake. Largemouth bass and smallmouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(33) Greenbo Lake, Greenup County.

(a) A person shall not possess shad or use shad as bait.

(b) Bluegill and sunfish daily limit, fifteen (15) fish;

(34) Green River from Green River Lake Dam and extending downstream to the end of the concrete wall. Fishing shall be limited to rod in hand using either:

(a) An artificial bait with a single hook; or

(b) Live bait attached to a single hook;

(35) Green River Lake.

(a) Crappie size limit, nine (9) inches.

(b) Muskellunge size limit, forty (40) inches.

Green River to the Snake Creek Boat Ramp;
Robinson Creek to the Highway 76 Bridge; and
Casey Creek to the Arnolds Landing Boat Ramp.

(36) Hatchery Creek, upper section as established by signs, Russell County. Rainbow trout, brown trout, and brook trout, no size limit; daily limit, five (5), singly or in combination;

(37) Hatchery Creek, lower section as established by signs, Russell County. A person fishing for trout shall:

(a) Only use artificial bait; and

(b) Release all trout;

(38) Highsplint Lake, Harlan County. Largemouth bass size limit, twenty (20) inches; daily limit, one (1);

(39) Jericho Lake, Henry County.

(a) Largemouth bass size limit, fifteen (15) inches.

(b) A person shall not possess shad or use shad as bait;

(40) Kentucky Lake and the canal connecting Kentucky Lake and Lake Barkley.

(a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

(b) Crappie size limit, ten (10) inches;

(41) Kentucky River upstream of Lock and Dam 14, the North Fork and tributaries including Carr Fork below Carr Creek Lake, along with the Middle and South Forks and all tributaries. Smallmouth bass size limit, fifteen (15) inches;

(42) Lake Barkley.

(a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

(b) Crappie size limit, ten (10) inches;

(43) Lake Blythe, Christian County. Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(44) Lake Cumberland.

(a)

Largemouth bass size limit, fifteen (15) inches.
Smallmouth bass size limit, eighteen (18) inches.
Striped bass size limit, twenty-two (22) inches; daily limit, two (2).
Crappie size limit, ten (10) inches.

(b) Cumberland Lake shall extend up:

The Cumberland River to Cumberland Falls;
The Big South Fork to Devil's Jump;
The Rockcastle River to The Narrows; and
The Laurel River to Laurel River Dam;

(45) Lake Chumley, and the department-owned property surrounding the lake, Boyle and Lincoln counties. Closed to public access from one-half (1/2) hour after sunset through one-half (1/2) hour before sunrise;

(46) Lake Malone, Muhlenberg and Logan counties. Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(47) Lake Reba, Madison County. A person shall not possess shad or use shad as bait;

(48) Lake Shelby, Shelby County.

(a) Largemouth bass size limit, fifteen (15) inches.

(b) Channel catfish daily limit, four (4).

(49) Laurel River Lake.

(a) Largemouth bass size limit, fifteen (15) inches.

(b) Smallmouth bass size limit, eighteen (18) inches; daily limit, two (2).

(50) Lincoln Homestead Lake, Washington County.

(a) A person shall not fish except during daylight hours.

(b) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches.

(d) A person shall not possess shad or use shad as bait;

(51) Marion County Lake. A person shall not possess shad or use shad as bait;

(52) McNeely Lake, Jefferson County.

(a) A person shall not possess shad or use shad as bait.

(b) Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(53) Mill Creek Lake, Powell County.

(a) Largemouth bass size limit, fifteen (15) inches.

(b) A person shall not possess shad or use shad as bait;

(54) New Haven Optimist Lake, Nelson County.

(a) Largemouth bass size limit, fifteen (15) inches.

(b) Channel catfish daily limit, four (4).

(55) Nolin River Lake shall extend up Bacon Creek to Highway 178 and to Wheelers Mill Road Bridge on the Nolin River.

(a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

(b) Crappie size limit, ten (10) inches;

(56) Ohio River.

(a) White bass, striped bass, and any hybrid thereof, daily limit, thirty (30); no more than four (4) in the daily limit shall be fifteen (15) inches or greater.

(b) The blue catfish daily limit shall be unlimited, except that no more than one (1) fish in the daily limit shall be thirty-five (35) inches or longer.

(c) The channel catfish daily limit shall be unlimited, except that no more than one (1) fish in the daily limit shall be twenty-eight (28) inches or longer.

(d) The flathead catfish daily limit shall be unlimited, except that no more than one (1) fish in the daily limit shall be thirty-five (35) inches or longer;

(57) Otter Creek, Meade County. Smallmouth and largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(58) Panbowl Lake, Breathitt County. Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(59) Parched Corn Creek, Wolfe County. A person shall only fish with an artificial bait with a single hook;

(60) Pennyrile Lake, Christian County. Largemouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches;

(61) Pikeville City Lake, Pike County. A person shall release largemouth bass;

(62) Rockcastle River WMA, all ponds collectively, Pulaski County.

(a) Largemouth bass size limit, fifteen (15) inches; daily limit, one (1).

(b) Bluegill and sunfish daily limit, ten (10).

(d) Crappie daily limit, fifteen (15);

(63) Rough River Lake.

(a) Crappie size limit, ten (10) inches.

(b) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

(64) Shanty Hollow Lake, Warren County. A person shall not possess shad or use shad as bait;

(65) Shillalah Creek, Bell County, outside the Cumberland Gap National Park. A person shall only fish with an artificial bait with a single hook;

(66) Spurlington Lake, Taylor County. A person shall not possess shad or use shad as bait;

(67) Sympson Lake, Nelson County. Largemouth bass size limit, fifteen (15) inches;

(68) Taylorsville Lake, including the impounded waters of the lake to Dry Dock Road Bridge on the Salt River.

(a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

(b) Blue and channel catfish aggregate daily limit of fifteen (15), only one (1) of which shall be longer than twenty-five (25) inches.

(69) Trammel Creek, Allen County. Rainbow trout daily limit, five (5);

(70) Willisburg Park Pond, Washington County.

(a) Largemouth bass size limit, fifteen (15) inches.

(b) Catfish daily limit, four (4).

(71) Wood Creek Lake. Largemouth and smallmouth bass. There shall be a slot limit between twelve (12) and fifteen (15) inches; and

(72) Yatesville Lake.

(a) Largemouth bass and smallmouth bass size limit, fifteen (15) inches.

(b) Blue and channel catfish aggregate daily limit of fifteen (15), only one (1) of which shall be longer than twenty-five (25) inches.

Section 3. Daily Limits and Size Limits for Waters Containing Rockcastle Strain Walleye.

(1) Rockcastle Strain Walleye Waters.

(a) Barren River and tributaries upstream from confluence with the Green River, including Barren River Lake;

(b) Cumberland River and tributaries above Cumberland Falls;

(d) Middle Fork Kentucky River and tributaries;

(e) North Fork Kentucky River and tributaries, including Carr Fork below Carr Creek Lake;

(f) South Fork Kentucky River and tributaries;

(g) Levisa Fork River and tributaries upstream from Fishtrap Lake, including Fishtrap Lake;

(h) Martins Fork Lake;

(i) Rockcastle River and tributaries; and

(j) Wood Creek Lake.

(2) There shall be a slot limit between eighteen (18) and twenty-six (26) inches and a daily limit of two (2) for walleye in the waters established in subsection (1) of this section.

Section 4. Seasonal Catch and Release for Trout.

(1) There shall be a catch and release trout season from October 1 through March 31 for the bodies of water established in subsection (3) of this section.

(2) A person shall:

(a) Only use artificial bait; and

(b) Release all trout.

(3) The streams established in paragraphs (a) through (o) of this subsection shall be open for the catch and release trout season:

(a) Bark Camp Creek in Whitley County;

(b) Beaver Creek from Highway 90 Bridge upstream to Highway 200 Bridge in Wayne County;

(d) Cane Creek in Laurel County;

(e) Casey Creek in Trigg County;

(f) Clear Creek from mouth upstream to 190 Bridge in Bell County;

(g) East Fork of Indian Creek in Menifee County;

(h) Elk Spring Creek in Wayne County;

(i) Floyd's Fork Creek in Jefferson County from Highway 60 downstream to Bardstown Road;

(j) Gunpowder Creek in Boone County;

(k) Left Fork of Beaver Creek in Floyd County from Highway 122 Bridge upstream to the headwater;

(l) Otter Creek in Meade County on the Fort Knox Reservation and Otter Creek Park;

(m) Rock Creek from the Bell Farm Bridge to the Tennessee state line in McCreary County;

(n) Trammel Creek in Allen County; and

(o) Swift Camp Creek in Wolfe County.

Section 5. Special Limits for Fishing Events.

(1) The commissioner may establish special limits for fishing events including:

(a) Size limits for selected species;

(b) Daily limits for selected species;

(d) Dates and times of special limits.

(2) An event sponsor shall post signs informing anglers of any special limits for a minimum of twenty-four (24) hours before the event.

Section 6. Daily Limits and Size Limits for Special Lakes and Ponds. The requirements established in subsections (1) through (5) of this section shall apply to all bodies of water established in the List of Special Lakes and Ponds:

(1) Largemouth bass size limit, fifteen (15) inches; daily limit, one (1);

(2) Catfish daily limit, four (4);

(3) Sunfish or bream daily limit, fifteen (15);

(4) Rainbow trout daily limit, five (5); and

(5) A person shall not possess shad or use shad as bait.

Section 7. Incorporation by Reference.

(1) "List of Special Lakes and Ponds", 2024 Edition is incorporated by reference.

History

RELATES TO: KRS 150.010, 150.170, 150.175, 150.340, 150.620, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.470
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling and transporting of fish and wildlife, the restriction of places where taking is permitted, and the application of administrative regulations to a limited area or to the entire state. KRS 150.470(1) authorizes the department to promulgate administrative regulations regarding daily limits, and size limits for fish. This administrative regulation establishes fish size limits, daily limits, and possession limits for fishing.
History: 301 KAR 001:201. 21 Ky.R. 713; eff. 1-25-1995; Am. 312; eff. 10-11-1995; 23 Ky.R. 468; 1929; eff. 11-11-1996; 24 Ky.R. 392; 866; eff. 10-8-1997; 25 Ky.R. 411; eff. 10-16-1998; 26 Ky.R. 113; eff. 9-8-1999; 2012; 27 Ky.R. 486; eff. 8-14-2000; 1056; 1449; eff. 12-21-2000; 3330; 28 Ky.R. 354; eff. 8-15-2001; 28 Ky.R. 2641; 29 Ky.R. 431; eff. 8-12-2002; 785; eff. 12-18-2002; 30 Ky.R. 394; eff. 10-31-03; 30 Ky.R. 394; 1586; eff. 2-16-2004; 30 Ky.R. 2550; eff. 8-26-2004; 32 Ky.R. 308; eff. 10-12-2005; 32 Ky.R. 2088; 33 Ky.R. 88; eff. 7-12-2006; 34 Ky.R. 369; eff. 10-9-2007; 35 Ky.R. 335; 851; 1163; eff. 11-12-2008; 35 Ky.R. 2488; eff. 7-30-2009; 37 Ky.R. 102; eff. 9-2-2010; 38 Ky.R. 305; eff. 10-6-11; 38 Ky.R. 1783; 6-7-2012; 40 Ky.R. 402; 793; eff. 10-3-2013; 2814; 41 Ky.R. 259; eff. 8-7-2014; 42 Ky.R. 514; 1149; 1724; eff. 11-6-2015; 43 Ky.R. 315; eff. 10-6-2016; 44 Ky.R. 279; eff. 10-5-2017; 45 Ky.R. 423; eff. 10-4-2018; 46 Ky.R. 612, 1104; eff. 11-1-2019; TAm eff. 4-2-2021; 47 Ky.R. 2627, 48 Ky.R. 782; eff. 9-15-2021; 48 Ky.R. 2856, eff. 8-18-2022; 50 Ky.R. 142; eff. 10-19-2023; 50 Ky.R. 1763; eff. 6-6-2024; 50 Ky.R. 1768; 51 Ky.R. 1529; eff. 6-18-2025.

301 KAR 1:210 Free fishing days {#sec-301-kar-1-210 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:210}

Section 1. Free Fishing Days. There shall be two (2) days each year designated as "free fishing days" to promote the sport of fishing and conservation of fish. The two (2) free fishing days shall be the first weekend in June of each year.

Section 2. Requirements. During the free fishing days, individuals shall be permitted to fish without a license. Creel and size limits and the provisions of KRS Chapter 150 and 301 KAR Chapter 1 shall apply, including entry on to private lands.

Section 3. Trout Permits. A trout permit shall not be required during free fishing days for persons who are fishing for trout.

History

RELATES TO: KRS 150.010
STATUTORY AUTHORITY: KRS 150.025, 150.170, 150.175
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.170 and 150.175 authorize the department to promulgate administrative regulations requiring licenses for taking fish. KRS 150.025 authorizes the department to establish administrative regulations to carry out the purposes of KRS Chapter 150, which includes fish conservation education. This administrative regulation establishes free fishing days the first weekend in June and establishes the requirements for taking fish during the free fishing days.
History: 14 Ky.R. 1996; eff. 5-9-1988; 30 Ky.R. 1590; eff. 2-16-2004; 48 Ky.R. 132; eff. 11-17-2021.

301 KAR 1:400 Assessing fish kill damages {#sec-301-kar-1-400 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:400}

Section 1. The department shall use the American Fisheries Society Special Publication 35, "Investigation and Monetary Values of Fish and Freshwater Mollusk Kills", to assess the replacement value of fish killed in violation of KRS 150.460(1) or (3).

Section 2. Incorporation by Reference.

(1) The American Fisheries Society Special Publication 35: "Investigation and Monetary Values of Fish and Freshwater Mollusk Kills", 2017 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 Game Farm Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. until 4:30 p.m.

History

RELATES TO: KRS 150.460(1), (3), 150.990(7)
STATUTORY AUTHORITY: KRS 150.990(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.460(1) and (3) make it illegal for a person to pollute the waters of the commonwealth. KRS 150.990(7) holds a person who violates KRS 150.460 liable to the department in an amount not to exceed the value of any fish or wildlife killed or destroyed. This administrative regulation establishes the standard the department shall use to determine the replacement value of fish killed in pollution cases.
History: 26 Ky.R. 288; eff. 9-8-1999; 30 Ky.R. 2337; eff. 7-14-2004; 47 Ky.R. 2468; eff. 8-5-2021.

301 KAR 1:410 Taking of fish by nontraditional fishing methods {#sec-301-kar-1-410 omnilex-key=us-ky-regs-official--title-301--301 KAR 1:410}

Section 1. General Provisions.

(1) A person using nontraditional fishing methods shall observe the daily limits and size limits established in paragraphs (a) through (d) of this subsection:

(a) The daily limit for catfish using any non-traditional fishing method shall not include more than one (1) trophy catfish of each species, except as established in Section 6(3) of this administrative regulation.

(b) The paddlefish daily limit shall be two (2) with no size limit.

(d) The invasive carp daily limit shall be unlimited with no size limit.

(2) The possession limit for paddlefish, trophy catfish, and shovelnose sturgeon shall be two (2) times the daily limit for each species.

(3) Shovelnose sturgeon shall not be harvested from the Mississippi River and shall be immediately released.

(4) A person shall release any:

(a) Lake sturgeon;

(b) Pallid sturgeon; or

Section 2. Skin Diving, Scuba Diving, and Underwater Spear Fishing.

(1) Skin diving or scuba diving shall be prohibited in all lakes owned by the department, except as established in subsections (2), (3), and (4) of this section.

(2) Skin diving and scuba diving shall be allowed in salvage operations if the diver receives prior written permission from:

(a) The department's Division of Law Enforcement; or

(b) The local game warden who is assigned to the particular department-owned lake.

(3) Skin diving or scuba diving shall be permitted anytime without prior authorization in cases of emergency involving the possibility of saving human life or in the recovery of a drowning victim.

(4) Skin diving and scuba diving shall be allowed in Greenbo Lake:

(a) In a designated cove marked with signage and buoys;

(b) From April 1 through October 31; and

(5) A person who is skin diving or scuba diving in a designated cove as established in subsection (4) of this section shall display an international diving flag as established in 301 KAR 6:030.

(6) Recreational boating and angling shall be prohibited in the designated cove marked with signage and buoys during the times open to skin diving and scuba diving as established in subsection (4) of this section if an international diving flag is present in the cove.

(7) Underwater spearing of fish with a hand-held spear or mechanically propelled spear shall be legal throughout the year in lakes 1,000 surface acres in size or larger, as measured at the normal summer pool level as established in paragraphs (a) and (b) of this subsection.

(a) An angler who is spearing fish shall:

Be completely submerged in the water where spearing takes place; and
Only spear rough fish.

(b) The daily limit shall be fifteen (15) rough fish, no more than five (5) of which shall be catfish.

Section 3. Sport Fishing Trot Lines, Jug Lines, and Set Lines.

(1) Each sport fishing trot line, jug line, or set line shall be permanently labeled or tagged with the customer identification number found on the current sport fishing license of the person using it.

(2) Each sport fishing trot line shall be permanently labeled or tagged as established in subsection (1) of this section at both ends of the line.

(3) Each trot line, jug line, or set line shall be checked by the owner at least once every twenty-four (24) hours, at which time the owner shall:

(a) Bait all hooks; and

(b) Remove all caught fish.

(4) A trot line, set line, or jug line shall be confiscated if it is not:

(a) Properly labeled or tagged; or

(b) Checked or baited at least once every twenty-four (24) hours.

(5) An angler shall not use more than:

(a) Two (2) sport fishing trot lines;

(b) Twenty-five (25) set lines; or

(6) Multiple anglers in one (1) boat shall not use more than fifty (50) jug lines per boat.

(7) An angler using a sport fishing trot line shall:

(a) Set the trot line at least three (3) feet below the water's surface;

(b) Not have more than fifty (50) single or multi-barbed hooks; and

(8) A person shall not use a jug line or set line with more than one (1) single or multi-barbed hook.

(9) A sport fishing trot line, jug line, or set line shall not be used in the waters established in paragraphs (a) through (d) of this subsection:

(a) In the Tennessee River within 700 yards of Kentucky Lake Dam;

(b) In the Cumberland River below Lake Barkley Dam to the Highway 62 bridge;

Ballard Wildlife Management Area lakes, Ballard County;
Peal Wildlife Management Area lakes, Ballard County; and
Swan Lake Wildlife Management Area lakes, Ballard County; or

(d) In the areas of the Ohio River established in subparagraphs 1. through 8. of this paragraph:

Smithland Dam downstream to a line perpendicular to the end of the outer lock wall;
J. T. Meyers Dam downstream to a line perpendicular to the end of the outer lock wall and that portion of the split channel around the southern part of Wabash Island from the fixed weir dam to the first dike;
Newburgh Dam downstream to a line perpendicular to the end of the outer lock wall;
Cannelton Dam downstream to a line perpendicular to the end of the outer lock wall;
McAlpine Dam downstream to the K & I railroad bridge;
Markland Dam downstream to a line perpendicular to the end of the outer lock wall;
Meldahl Dam downstream to a line perpendicular to the end of the outer lock wall; or
Greenup Dam downstream to a line perpendicular to the end of the outer lock wall.

(10) An angler using a trot line, jug line, or set line shall follow all sport fish daily limits, possession limits, and size limits as established in 301 KAR 1:201.

Section 4. Temporary Aquatic Areas and Temporary Pools.

(1) The department, with consent of the landowner, may delineate temporary aquatic areas and temporary pools where anglers may take rough fish by any method except:

(a) Poison;

(b) Electrical devices;

(d) Explosives.

(2) The department shall be authorized to establish the exact dates and times when rough fish may be taken in temporary aquatic areas and temporary pools.

(3) A person with a valid commercial fishing license may use nets and seines if the nets and seines are appropriately tagged, as established in 301 KAR 1:146.

(4) A person shall first obtain the permission of the landowner before taking rough fish from a temporary pool.

Section 5. Gigging and Snagging.

(1) Gigging and snagging season shall be February 1 through May 10, except as established in subsections (8) and (10) of this section.

(2) It shall be illegal to possess a gig, of any type, while in a boat, or on or in a stream or lake, from November 1 through the last day of January of the following year.

(3) A person shall not:

(a) Gig or snag a sport fish, as established in 301 KAR 1:060, except as established in subsections (8) and (10) of this section;

(b) Gig or snag from a platform;

(d) Gig at night from a boat; or

(e) Snag from a boat.

(4) A snagging rod shall be equipped with:

(a) Line;

(b) Guides;

(d) One (1) single hook or treble hook attached to the line, except that five (5) hooks, either single or treble, may be used while snagging in:

The Green River and its tributaries; or
The Rolling Fork River and its tributaries.

(5) A person who accidentally gigs or snags a sport fish shall immediately return the fish to the water, except as established in subsections (8) and (10) of this section.

(6) A person shall not gig or snag in the areas or bodies of water established in paragraphs (a) through (g) of this subsection:

(a) The Cumberland River below Wolf Creek Dam downstream to the Tennessee line, including Hatchery Creek;

(b) Any tributary of the Cumberland River below Wolf Creek Dam to the Tennessee line from the junction of the tributary with the Cumberland River to one-half (1/2) mile upstream;

(d) The Middle Fork of the Kentucky River, from Buckhorn Lake Dam downstream to the Breathitt County line in Perry County;

(e) The Rough River, below Rough River Lake Dam downstream to the State Highway 54 bridge in Breckinridge and Grayson counties;

(f) Cave Run Lake; or

(g) Within 200 yards of any dam on a river or stream, except as established in subsection (8) of this section.

(7) A person shall not gig in the Tennessee River below Kentucky Lake Dam.

(8) A person may snag sport fish or rough fish in the Tennessee River below the Kentucky Lake Dam to the U.S. 62 bridge:

(a) For twenty-four (24) hours a day from January 1 through May 31; and

(b) From sunset to sunrise from June 1 through December 31.

(9) A person shall not snag in that section of the Tennessee River from the U.S. 62 bridge to the Interstate 24 bridge.

(10) A person may snag sport fish or rough fish year-round in the section of the Tennessee River from the Interstate 24 bridge to the Ohio River.

(11) A person shall not snag on the Tennessee River:

(a) Under the U.S. 62 bridge;

(b) Under the P & L Railroad bridge; or

(12) There shall not be a daily limit for rough fish except the daily aggregate limit for snagging of rough and sport fish in the Tennessee River below Kentucky Lake Dam shall be eight (8), except there shall not be a daily limit on invasive carp.

(13) There shall not be a size limit for sport fish snagged in the Tennessee River below Kentucky Lake Dam.

(14) A person shall immediately retain, and not release or cull, any gigged or snagged paddlefish.

(15) All snagged fish in the Tennessee River below Kentucky Lake Dam shall be immediately retained, and not released or culled, except for invasive carp, shad, or herring.

(16) All gigged or snagged rough fish in the Cumberland River below Lake Barkley Dam shall be immediately retained, and not released or culled, except for invasive carp, shad, or herring.

(17) A person shall immediately cease snagging if:

(a) A daily limit of paddlefish is reached;

(b) A daily limit of shovelnose sturgeon is reached;

(c) A daily limit of sport fish has been caught in the Tennessee River below Kentucky Lake Dam, even if the daily limit for that sport fish is less than eight (8); or

(d) A trophy catfish is snagged.

Section 6. Grabbing.

(1) The grabbing season for rough fish shall be June 1 to August 31 during daylight hours.

(2) Grabbing shall not be permitted in any lake less than 500 surface acres owned or managed by the department, except:

(a) Ballard Wildlife Management Area lakes, Ballard County;

(b) Peal Wildlife Management Area lakes, Ballard County; and

(3) The daily limit for grabbing shall be fifteen (15) fish, no more than five (5) of which may be catfish, except anglers grabbing at Barren River Lake, Carr Creek Lake, Dewey Lake, Fishtrap Lake, Taylorsville Lake, or Yatesville Lake may only harvest one (1) blue or channel catfish over twenty-five (25) inches.

Section 7. Bow Fishing.

(1) An angler using archery equipment, a crossbow, or a pneumatic arrow launching device shall not take:

(a) Sport fish;

(b) Alligator gar;

(d) Lake sturgeon.

(2) Any paddlefish, shovelnose sturgeon, or catfish shot with archery equipment, a crossbow, or a pneumatic arrow launching device shall:

(a) Be immediately retained, and not released or culled; and

(b) Count toward a person's daily limit.

(3) Bow fishing shall be open statewide, except:

(a) In the Cumberland River below Wolf Creek Dam downstream to the Tennessee line including Hatchery Creek;

(b) In any tributary of the Cumberland River below Wolf Creek Dam to the Tennessee line, from the junction of the tributary with the Cumberland River to one-half (1/2) mile upstream;

Carpenter Lake (Daviess County);
Clear Creek Lake (Bath County);
Greenbo Lake (Greenup County);
Lake Carnico (Nicholas County); and
Lake Reba (Madison County); or

(d) From a boat in restricted areas below navigation, power generating, or flood control dams.

History

RELATES TO: KRS 150.010, 150.170, 150.175, 150.235, 150.445, 150.620, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.440, 150.470, 235.280
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the buying, selling and transporting of fish and wildlife, the restriction of places where taking is permitted, and the application of administrative regulations to a limited area or to the entire state. KRS 150.440 requires the department to promulgate administrative regulations for establishing open seasons and limits for rough fish by gigging, grabbing, snaring, and snagging. KRS 150.470 requires the department to promulgate administrative regulations for daily limits and size limits for fish. KRS 235.280 requires the department to promulgate administrative regulations to govern the fair, reasonable, equitable, and safe use of all waters of the state. This administrative regulation establishes the procedures for taking sport and rough fish by nontraditional fishing methods.
History: 32 Ky.R. 434; Am. 622; eff. 10-12-2005; 33 Ky.R. 1889; eff. 4-6-2007; 34 Ky.R. 374; eff. 10-9-2007; 35 Ky.R. 995; 1448; eff. 1-5-2009; 37 Ky.R. 744; 10-7-2010; 38 Ky.R. 1974; 39 Ky.R. 13; eff. 7-12-2012; 1944; eff. 5-31-2013; 41 Ky.R. 564; p 1048; eff. 12-5-2014; 42 Ky.R. 1322; eff. 1-4-2016; 44 Ky.R. 574; eff. 1-5-2018; 45 Ky.R. 428; eff. 10-4-2018; 46 Ky.R. 617; eff. 11-1-2019; 48 Ky.R. 1915; eff. 5-31-2022.; 49 Ky.R. 430, 1067; eff. 11-3-2022; 50 Ky.R. 147; eff. 10-19-2023; 51 Ky.R. 109; eff 11-7-2024.

Chapter 2 Game

301 KAR 2:015 Feeding of wildlife {#sec-301-kar-2-015 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:015}

Section 1. Definitions.

(1) "Captivity" means confinement by fence or other structure, or restraint intended to prevent escape.

(2) "Curtilage of the home" means the area encompassing the grounds immediately surrounding any home or group of homes used in the daily activities of domestic life, and:

(a) Might or might not be enclosed by a fence or other barrier; and

(b) Includes areas occupied by captive cervids as established in 301 KAR 2:083 and wildlife held in captivity for rehabilitation purposes as established in 301 KAR 2:075 or held in captivity as established in 301 KAR 2:081 and 2:082.

(3) "Feeding":

(a) Means willingly, wantonly, or knowingly depositing, distributing, or scattering of shelled, shucked, or unshucked corn, millet, milo, safflower seed, sunflower seed, thistle, wheat, or other grain or any manufactured feed or food product to be consumed by wildlife; and

(b) Does not mean the establishment and maintenance of plantings for wildlife, foods found scattered solely as the result of normal agricultural planting practices or harvesting practices, foods available to wildlife through normal agricultural practices of livestock feeding if the areas are occupied by livestock actively consuming the feed on a daily basis, or standing farm crops under normal agricultural practices.

Section 2. Recreational Feeding of Wildlife.

(1) Wildlife shall not be fed from March 1 through July 31, except as established in subsections (2) and (3) of this section.

(2) Wildlife may only be fed year-round:

(a) In public areas not open to legal hunting or trapping, unless otherwise prohibited by statute, administrative regulation, or municipal ordinance;

(b) Within the curtilage of the home; and

(3) Fish may be fed year-round.

Section 3. Chronic Wasting Disease. In a department-designated Chronic Wasting Disease Surveillance Zone or Management Zone county, established on the department's Web site at fw.ky.gov, persons shall not bait or feed using grain, salt, mineral, or other ingested attractants, except:

(1) Normal agricultural practices;

(2) Wildlife food plots or plantings;

(3) Bird feeders within the curtilage of the home; and

(4) Furbearer trapping, except that trappers shall not use grain, salt, or mineral.

History

RELATES TO: KRS 150.015
STATUTORY AUTHORITY: 150.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.015 requires the department to protect and conserve the wildlife of this Commonwealth. KRS 150.025(1)(h) authorizes the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 150. This administrative regulation establishes restrictions on the feeding of wildlife that will serve to protect wildlife from disease and toxic substances that could cause harm to the wildlife population if left unregulated.
History: 33 Ky.R. 1215; Am. 1523; eff. 12-7-2006; 34 Ky.R. 2220; eff. 6-6-2008; 35 Ky.R. 999; eff. 1-5-2009; 48 Ky.R. 133, 1730; eff. 3-1-2022; 49 Ky.R. 1144; eff. 2-2-2023; 49 Ky.R. 1818, 2284; eff. 6-8-2023.

301 KAR 2:041 Shooting areas, dog training areas, commercial and noncommercial foxhound training enclosures, and bobwhite shoot-to-train season {#sec-301-kar-2-041 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:041}

Section 1. Definitions.

(1) "Commercial foxhound training enclosure" means a fenced area where red fox (Vulpes vulpes), coyote (Canis latrans), or both species are to be held for the purposes of dog training and for which business transactions occur to accumulate compensations, payments, or profits.

(2) "Dog training area permit" means a permit that designates an area to allow dog training and shooting of captive-reared bobwhite quail.

(3) "Hoofed animal" means ungulate wildlife except wild hogs and javelinas.

(4) "Noncommercial foxhound training enclosure" means a fenced area where red fox (Vulpes vulpes), coyote (Canis latrans), or both species are to be held for the purposes of dog training but for which no compensations or payments are received or profits earned in any way.

(5) "Shooting area" means a place where animals are held or propagated in captivity and released to be taken by hunters.

Section 2. Seasons.

(1) The dog training area season and the dog training area hunting season shall be year-round for:

(a) Captive-reared bobwhite quail;

(b) Pheasant and chukar, pursuant to 301 KAR 3:030; and

(2) The shooting area hunting seasons shall be as follows:

(a) Bobwhite quail: August 15 through April 15;

(b) Mallard ducks: year-round;

(d) All other species: the statewide season in effect where the shooting area is located.

(3) The bobwhite shoot-to-train season shall be from August 15 through May 15.

Section 3. Bobwhite Shoot-to-Train Requirements.

(1) A person shall only shoot on private land.

(2) Prior to shooting, a person shall:

(a) Apply on the Bobwhite Quail Shoot-to-Train Application provided by the department;

(b) Submit the completed application to the department;

(d) Possess:

Proof of purchase of captive-reared bobwhite quail; or
A captive wildlife permit;

(e) Band all captive-reared bobwhite quail with:

Aluminum, #7 leg bands; or
Department-issued, aluminum leg bands;

(f) Walk and examine the entire area to be hunted to ensure that no wild bobwhite quail are present; and

(g) Release banded birds immediately prior to dog training or shooting.

(3) A person shall contact the department to update an application that is no longer accurate.

(4) The number of leg bands on the dog training or shooting site shall not exceed the number of captive-reared bobwhite present on the site.

(5) A person shall comply with the holding and permit requirements established in 301 KAR 2:081 if:

(a) Captive-reared bobwhite quail are possessed for more than ten (10) days; or

(b) More than 100 captive-reared bobwhite quail are possessed.

Section 4. Permits, Applications, and Transfers.

(1) A person shall obtain a permit from the department before operating the following:

(a) A shooting area for birds;

(b) A dog training area; or

A commercial or noncommercial foxhound training enclosure permit shall not be issued after January 1, 2026 for a new enclosure occurring within the Enhanced Rabies Surveillance Zone defined in 301 KAR 2:081;
An enclosure within the Enhanced Rabies Surveillance Zone that is permitted prior to January 1, 2026 may remain permitted so long as the permit coverage is continuously maintained; and
A permitted enclosure within the Enhanced Rabies Surveillance Zone may expand acreage upon existing enclosures but may not create a new, separate enclosure within the Enhanced Rabies Surveillance Zone.

(2) A new shooting area permit shall not be issued for hoofed animals.

(3) The following permits shall be valid from July 1 through June 30:

(a) Dog training area permit;

(b) Shooting area permit for birds; and

(4) A commercial or noncommercial foxhound training enclosure permit shall be valid for one (1) year from the date of issuance.

(5) A person shall apply using the appropriate form provided by the department:

(a) Shooting Area Permit Application;

(b) Foxhound Training Enclosure Permit Application and Checklist; or

(6) Applications for dog training areas and commercial and noncommercial foxhound training enclosures shall not be approved until a department game warden inspects the area to determine if it meets the requirements established in Sections 6 and 8 of this administrative regulation.

(7) An applicant for a shooting area, dog training area, or commercial or noncommercial foxhound training enclosure shall provide documentation proving:

(a) The applicant is the owner of the land where the facility is to be located;

(b) The applicant is the lessee of the land where the facility is to be located; and

A plat that lists the acreage of the commercial or noncommercial foxhound training enclosure boundaries completed by a licensed surveyor; or
Arial imagery to scale with marked boundaries and acreage of the commercial or noncommercial foxhound training enclosure subject to verification by the department.

(8) A commercial or noncommercial foxhound training enclosure within the Enhanced Rabies Surveillance Zone that is permitted prior to January 1, 2026 may be transferred if:

(a) A currently permitted facility is sold to another entity;

(b) The facility is inspected by law enforcement personnel prior to transfer;

(d) The purchaser of the facility:

Obtains a commercial or noncommercial foxhound training enclosure permit; and
Establishes the acreage meets the minimum requirements of a commercial or noncommercial foxhound training enclosure by providing:

a. A plat that lists the acreage of the commercial or noncommercial foxhound training enclosure boundaries completed by a licensed surveyor; or

b. Arial imagery to scale with marked boundaries and acreage of the commercial or noncommercial foxhound training enclosure subject to verification by the department.

(9) If ownership or lessee of a commercial or noncommercial foxhound training enclosure changes, the new owner or lessee shall be responsible for applying for a new permit.

(10) A shooting area permit shall be transferable if:

(a) A currently permitted facility is sold to another entity;

(b) The facility is inspected by department law enforcement personnel prior to transfer;

(d) The purchaser of the facility:

Completes a Shooting Area Permit Transfer Application; and
Provides a plat of the shooting area boundaries completed by a licensed surveyor.

(11) A transferred shooting area permit shall only be valid for the land that was permitted prior to the time of transfer.

(12) A person hunting on a shooting area shall:

(a) Possess a valid Kentucky hunting license;

(b) Possess a valid shooting area hunting license;

(d) Be hunting license exempt pursuant to KRS 150.170.

(13) A shooting area hunting license shall be valid for only one (1) specific shooting area.

Section 5. Shooting Area Requirements.

(1) The boundary of a shooting area shall be marked with signs:

(a) At least eight (8) inches by twelve (12) inches;

(b) Having a white background with contrasting letters at least one (1) inch high;

(d) Placed no more than 500 feet apart.

(2) A person shall check in at a designated check station or with the operator of a shooting area before hunting.

(3) A permit holder shall maintain a daily record of people using the area, which shall include each person's:

(a) Name;

(b) Address; and

(4) A permit holder shall:

(a) Obtain a bill of sale or receipt for each purchase that contains the number of:

Game birds purchased; or
Game bird eggs purchased; and

(b) Retain previous year's records and receipts for at least one (1) full year.

(5) A permit holder shall possess a commercial captive wildlife permit, if applicable, pursuant to 301 KAR 2:081.

(6) A field trial may be held on a shooting area year-round.

Section 6. Dog Training Area Requirements.

(1) A dog training area shall be between ten (10) and seventy-five (75) acres in size.

(2) The dog training area shall:

(a) Be contiguous;

(b) Consist of at least ninety (90) percent mowed or cut grass no greater than ten (10) inches in height; and

At least eight (8) inches by twelve (12) inches high;
Having a white background with contrasting letters at least one (1) inch high;
That read "Dog Training Area"; and
Placed no more than 150 feet apart.

(3) A permit holder shall maintain a daily record of people using the area, which shall include each person's:

(a) Name;

(b) Address; and

(4) A permit holder shall retain previous year's records and receipts for at least one (1) full year.

(5) A person using a dog training area shall possess:

(a) A bill of sale or receipt for any bobwhite quail released on the area; and

(b) A captive wildlife permit, if applicable, pursuant to 301 KAR 2:081.

(6) A field trial may be held on a dog training area year-round.

Section 7. Hoofed Animals.

(1) A shooting area permit holder shall not import or release a hoofed animal.

(2) A shooting area permit holder who legally holds hoofed animals shall:

(a) Keep a record of the:

Total number of each hoofed species taken;
Name of each hunter;
Address of each hunter;
Hunting license number of each hunter; and
Species taken by each hunter; and

(b) Submit to the department all records each month from September through May.

(3) A permit holder shall not import, possess, release, or hunt any member of the family Suidae.

Section 8. Commercial and Noncommercial Foxhound Training Enclosures.

(1) A commercial foxhound training enclosure shall:

(a) Be at least 200 acres; and

(b) Not be divided by an interior fence that restricts the range of red fox and coyote to less than 200 acres.

(2) A noncommercial foxhound training enclosure shall:

(a) Be at least forty (40) acres; and

(b) Not be divided by an interior fence that restricts the range of red fox and coyote to less than forty (40) acres.

(3) Multiple enclosures of the same type and under the same ownership or management may be listed under the same permit if:

(a) Each enclosure is at least the minimum acreage required for the permit; and

(b) The enclosures share a common fence.

(4) Commercial and noncommercial training enclosures shall:

(a) Have an exterior fence that completely encloses the commercial or noncommercial foxhound training enclosure and is at least five (5) feet above ground level for its entire length;

(b) Have a fence consisting of woven wire, chain link, or equivalent strength material capable of preventing escape by red fox and coyote;

(c) Have at least one (1) strand of electric wire inside at the bottom of the fence capable of preventing red fox and coyote from digging out of or climbing over the fence;

(d) Have a minimum of twelve (12) inches of additional fence bent inward at a ninety (90) degree angle or at least one (1) strand of electric wire at the top of the fence capable of preventing red fox and coyote from climbing out;

(e) Have modifications in place at gates, creeks, and similar weaknesses to prevent escape of red fox or coyote; and

(f) Maintain fences and electric wire to be in working order at all times and free of debris or vegetation that enable red fox or coyote to escape.

(5) A commercial or noncommercial foxhound training permit holder shall:

(a) Limit the number of dogs to no more than one (1) dog per two (2) acres for enclosures 100 acres or greater and no more than one (1) dog per three (3) acres for enclosures less than 100 acres.

(b) Limit the number of red fox and coyote combined to no more than one (1) animal per five (5) acres maximum at any time.

From a licensed trapper who has a noncommercial captive wildlife permit as established in 301 KAR 2:081;
During the furbearer trapping season; and
Within the county of the permitted commercial or noncommercial foxhound training enclosure.

(d) Quarantine red fox and coyote:

In a separate quarantine enclosure from the training enclosure where animals in quarantine cannot come in contact with free ranging wildlife or red fox and coyote within the training enclosure;
Within a separate quarantine enclosure that meets or exceeds the minimum size requirements for red fox and coyote as specified in 301 KAR 2:081; and
For a minimum of seven (7) days.

(e) Acclimate newly introduced red fox and coyote within the commercial or noncommercial foxhound training enclosure for a minimum of an additional seven (7) days following quarantine prior to dog training.

(f) Only release healthy and unaltered red fox and coyote that have not been physically altered in any way into commercial and noncommercial foxhound training enclosures.

(g) Only maintain red fox and coyote in captivity in a sanitary and safe condition and in a manner that does not result in the maltreatment or neglect of wildlife.

(h) Only allow dog training within an enclosure for a maximum of sixteen (16) hours within a twenty-four (24) hour period.

(i) Provide red fox and coyote with the following:

A diet that meets the nutritional needs of the animals;
Clean water;
Shelter from inclement weather; and
At least one (1) escape den per forty (40) acres and at least one (1) escape den per red fox or coyote, which are sufficient to prevent capture of red fox and coyote by dogs as follows:

a. Natural den;

b. Constructed den;

c. Box; or

d. Hollow log.

(6) A person shall not engage in an activity which would cause foxhounds to injure or kill a red fox or coyote in an enclosure at any time.

(7) Chasing red fox or coyote in permitted commercial and noncommercial foxhound training enclosures shall be considered an authorized field trial, and a hunting license shall not be required.

(8) The take of any species other than chase of red foxes or coyotes shall be prohibited within a commercial or noncommercial foxhound training enclosure.

(9) A person shall not possess or release any native or exotic wildlife in a commercial or noncommercial foxhound training enclosure with the exception of red fox and coyote.

(10) A commercial and noncommercial foxhound training enclosure operator shall abide by the following disease prevention and control measures:

(a) Without damaging the head, dispatch diseased or sick acting red fox and coyote, retain carcass, and report to the department veterinarian within twenty-four (24) hours for proper disposition of the carcass;

(b) Report escaped red fox or coyotes to department veterinarian within twenty-four (24) hours; and

(c) Allow the department to inspect a commercial or noncommercial foxhound training enclosure if reportable diseases are suspected or confirmed and take the following actions if necessary:

Quarantine and prohibit introduction or removal of red fox and coyote to or from an enclosure until the department determines there is no longer a threat of disease exposure to humans, wildlife, or domestic animals;
Dispatch animals for diagnostic testing;
Require disinfection of the enclosure by the training enclosure operator; and
Examination of records for disease exposure notification.

(11) Permits shall not confer ownership. Wildlife shall remain under the stewardship of the department and may be confiscated, relocated, or euthanized.

(12) Hunting or take of any species other than chase of red fox or coyote shall be prohibited within a commercial or noncommercial foxhound training enclosure.

(13) A commercial or noncommercial foxhound training enclosure owner or operator shall:

(a) Allow a department game warden to inspect the facility at any reasonable time;

(b) Maintain a registry of names, addresses, phone numbers, and dates hunted for one (1) year of all participants engaging in foxhound training activities or field trials to be provided to department staff upon request for purposes of disease response; and

(c) Maintain the following records and report to the department annually by submitting a Foxhound Training Enclosure Annual Report form:

The number of all red foxes and coyotes trapped for release into the enclosure;
The name, address, phone number, trapping license number, and noncommercial captive wildlife permit number of the trapper associated with each red fox and coyote;
The county of origin for each red fox and coyote;
The capture and release dates for each red fox and coyote; and
All missing, escaped, or killed red fox and coyote.

(d) Report shall be provided to the department within thirty (30) days of the expiration date of the permit.

Section 9. Revocation for Dog Training Area, Shooting Area, and Bobwhite Quail Shoot to Train Permits.

(1) Revocation. A person who is convicted of a fish and wildlife violation, including KRS Chapter 150, KAR Title 301, or any federal fish and wildlife laws, shall have the permit revoked for a period of one (1) year.

(2) Appeal Procedures. An individual whose request for a permit has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

Section 10. Permit Denial and Revocation for Commercial and Noncommercial Foxhound Training Enclosures.

(1) Denial. The department shall deny the issuance of a new permit, deny a renewal of an existing or lapsed permit, and may confiscate wildlife of a person who:

(a) Is convicted of a violation of any provisions of:

KRS Chapter 150;
KAR Title 301; or
Any federal statute or regulation related to hunting, fishing, or wildlife;

(b) Provides false information on a commercial or noncommercial foxhound training enclosure permit application; captive wildlife permit application, incorporated by reference in 301 KAR 2:081; reports; facility inspection; or records;

(c) Acquires red fox or coyote prior to receiving an approved commercial or noncommercial foxhound training enclosure permit;

(d) Acquires red fox or coyote from an illegal source, location, or outside the legal season;

(e) Fails a facility inspection;

(f) Fails to comply with any provision of this administrative regulation, 301 KAR 2:081, 301 KAR 2:230, or 301 KAR 2:251; or

(g) Is located within the rabies surveillance zone and has previously had their permit revoked.

(2) Facility Inspections.

(a) A permit holder shall allow a game warden to inspect the foxhound training enclosure facilities and property prior to approval of any application and, if permitted, at any reasonable time and frequency.

(b) The game warden shall immediately notify the applicant or permit holder and the Wildlife Division director if a facility inspection reveals that the facility is not in compliance with this administrative regulation and shall provide a completed Training Enclosure Inspection form to the appropriate Wildlife Division personnel within three (3) business days.

(c) If an inspection determines that a facility is not in compliance with KRS Chapter 150 or KAR Title 301, the game warden shall make a second inspection after ten (10) calendar days, and the permit application shall be denied or the permit shall be revoked and all wildlife may be confiscated if the non-compliant conditions have not been corrected.

(3) Revocations.

(a) The department shall revoke the permit and may confiscate wildlife, of a person who:

Is convicted of a violation of any provisions of:

a. KRS Chapter 150;

b. KAR Title 301; or

c. Any federal statute or regulation related to hunting, fishing, or wildlife;

Provides false information on a commercial or noncommercial foxhound training enclosure permit application; captive wildlife permit application, incorporated by reference in 301 KAR 2:081; reports; facility inspection; or records;
Acquires red fox or coyote prior to receiving an approved commercial or noncommercial foxhound training enclosure or captive wildlife permit;
Acquires red fox or coyote from an illegal source, location, or outside the legal season;
Fails a second facility inspection; or
Fails to comply with any provision of this administrative regulation, 301 KAR 2:081, 301 KAR 2:230, or 301 KAR 2:251.

(b) If a person's commercial or noncommercial foxhound training enclosure is revoked for one (1) enclosure, permits for all other enclosures in their name shall be revoked and the enclosures shall not be permitted for the applicable denial period.

(4) Denial period. An applicant for a commercial or noncommercial foxhound training enclosure permit or captive wildlife permit that has been revoked or denied for the grounds established in this section shall be ineligible to reapply, and all applications denied:

(a) Permanently for commercial and noncommercial foxhound training enclosures within the rabies surveillance zone; and

(b) For commercial and noncommercial foxhound training enclosures outside the rabies surveillance zone:

The initial denial period, for one (1) year;
A second denial period, for three (3) years; and
A third or subsequent denial period, for five (5) years.

(5) Confiscated wildlife.

(a) All red fox and coyote may be confiscated if a commercial and noncommercial foxhound training enclosure permit is revoked or denied or if a person possesses red fox or coyote without a valid commercial or noncommercial foxhound training enclosure permit.

(b) Confiscated wildlife shall be released, transferred, or dispatched as ordered by the department.

(d) Wildlife shall be surrendered to the department, for processing and disposition pursuant to this administrative regulation, upon being presented with a written order by the commissioner.

(6) Administrative hearings.

(a) An individual whose permit has been denied or revoked may request an administrative hearing, which shall be conducted pursuant to KRS Chapter 13B.

(b) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or the revocation.

(c) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(d) The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order, pursuant to KRS Chapter 13B.

Section 11. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Bobwhite Quail Shoot-to-Train Application", July 2012 edition;

(b) "Dog Training Area Permit Application", May 2025 edition;

(d) "Foxhound Training Enclosure Permit Annual Report", 2024 edition;

(e) "Shooting Area Permit Application", May 2025 edition; and

(f) "Shooting Area Permit Transfer Application", May 2025 edition.

(a) https://fw.ky.gov/Wildlife/Documents/bobwhitequailapp.pdf for the "Bobwhite Quail Shoot-to-Train Application";

(b) https://fw.ky.gov/Licenses/Documents/Dog-Train-Area-Permit-App.pdf for the "Dog Training Area Permit Application";

(c) https://fw.ky.gov/Licenses/Documents/Com-Foxhound-Train-Enclosure-App.pdf for the "Foxhound Training Enclosure Permit Application and Checklist";

(d) https://fw.ky.gov/Wildlife/Documents/FoxhoundTrainingEnclosureAnnualReport.pdf for the "Foxhound Training Enclosure Permit Annual Report";

(e) https://fw.ky.gov/Licenses/Documents/Shoot-Area-Permit-App.pdf for the "Shooting Area Permit Application"; or

(f) https://fw.ky.gov/Wildlife/Documents/Shooting-Area-Transfer-App.pdf for the "Shooting Area Permit Transfer Application".

History

RELATES TO: KRS 13B, 150.010, 150.170, 150.180, 150.280, 150.630, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.175(29), 150.240(2)
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations establishing hunting seasons, bag limits, and methods of taking wildlife, and to make these requirements apply to a limited area or to the entire state. KRS 150.175(29) authorizes the issuance of a special license for residents and nonresidents for the purpose of hunting on licensed shooting areas. KRS 150.240(2) authorizes the department to promulgate administrative regulations governing public or commercial shooting areas. This administrative regulation establishes a bobwhite shoot-to-train season and other requirements to ensure uniform operation of shooting areas, dog training areas, and commercial and noncommercial foxhound training enclosures.
History: 301 KAR 002:041. 20 Ky.R. 2921; eff. 6-2-1994; Am. 24 Ky.R. 2739; eff. 8-17-1998; 29 Ky.R. 1013; 1527; eff. 12-18-2002; 30 Ky.R. 398; eff. 10-31-2003; 31 Ky.R. 820; eff. 1-4-2005; 32 Ky.R. 1763; 2005; eff. 6-2-2006; 34 Ky.R. 2222; 2529; eff. 6-11-2008; 38 Ky.R. 1879; 205; eff. 8-2-2012; 48 Ky.R. 112, 1117; eff. 11-17-2021; 51 Ky.R. 1196, 1647; eff. 6-3-2025; 52 Ky.R. 250, 719; eff. 11-6-2025.

301 KAR 2:049 Small game and furbearer hunting and trapping on public areas {#sec-301-kar-2-049 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:049}

Section 1. Definitions.

(1) "Adult" means a person who is at least eighteen (18) years of age.

(2) "Body-gripping trap" means a commercially manufactured spring-loaded trap designed to kill an animal upon capture.

(3) "Dry land set" means a trap that is set so that no portion of the trap touches the water of a stream, river, pond, lake, wetland, or other water course.

(4) "Furbearer" means mink, muskrat, beaver, raccoon, opossum, gray fox, red fox, least weasel, long-tailed weasel, river otter, bobcat, coyote, or striped skunk.

(5) "Pheasant hunt unit" means a portion of a WMA that is designated by the department for the purposes of a pheasant quota hunt.

(6) "Wildlife Management Area" or "WMA" means a tract of land:

(a) Controlled by the department through ownership, lease, license, or cooperative agreement; and

(b) That has "Wildlife Management Area" or "WMA" as part of its official name.

(7) "Youth" means a person under the age of sixteen (16) by the date of the hunt or the trapping date.

Section 2. This administrative regulation shall establish exceptions to the statewide requirements established in 301 KAR 2:122, 2:251, and 3:010.

Section 3. General Requirements on a Wildlife Management Area or Outdoor Recreation Area.

(1) Except as established in subsection (2) of this section, a person hunting any species during daylight hours, and any person accompanying that hunter, shall comply with hunter orange requirements as established in 301 KAR 2:132, 2:172, and 2:300.

(2) The hunter orange clothing requirement in subsection (1) of this section shall not apply to a person:

(a) Hunting waterfowl or doves as established in 301 KAR 2:225; or

(b) Hunting waterfowl as established in 301 KAR 2:221, 2:222, or 2:226.

(3) There shall be a free youth small game hunting week for seven (7) consecutive days beginning on the Saturday after Christmas, in which a youth may take small game without a hunting license.

(4) There shall be a free youth trapping week for seven (7) consecutive days beginning on the Saturday after Christmas, in which a youth may trap without a trapping license.

(5) A body-gripping trap used as a dry land set shall have a maximum inside jaw spread of five and one-quarter (5 1/4) inches measured:

(a) In the center of the trap; and

(b) In the unset position.

(6) Dry land sets shall not be placed closer than ten (10) feet apart.

(7) Prior to trapping on a WMA or Outdoor Recreation Area, a person shall complete for each area a KDFWR Public Area Trapping Registration Form obtained from a department office or the department's Web site at fw.ky.gov.

Section 4. Exceptions on Wildlife Management Areas and Outdoor Recreation Areas.

(1) Barren River Wildlife Management Area.

(a) The WMA shall be considered to be entirely within the Eastern Zone, as established in 301 KAR 2:122.

(b) Northern bobwhite and rabbit seasons shall be closed after December 31.

(c) On the Peninsula Unit, including Narrows, Goose, and Grass Islands, a person shall not hunt with a breech-loading firearm.

(2) Beaver Creek WMA, including private inholdings.

(a) Ruffed grouse season shall be open from October 1 through December 31.

(b) Northern bobwhite and rabbit seasons shall be closed after December 31.

(3) Cane Creek WMA, including private inholdings.

(a) Ruffed grouse season shall be open from October 1 through December 31.

(b) Northern bobwhite and rabbit seasons shall be closed after December 31.

(4) Cedar Creek Lake WMA.

(a) Rabbit season shall be closed after December 31.

(b) With the exception of the statewide squirrel season, the area shall be closed to all other small game and furbearer hunting.

(5) Clay WMA.

(a) The pheasant hunt unit shall be closed for four (4) consecutive days beginning on the first Friday in December to all hunting except archery deer hunting, muzzleloader deer hunting, as established in 301 KAR 2:178, and the pheasant quota hunt, as established in Section 5 of this administrative regulation.

(b) Rabbit season shall be closed after December 31.

Check in and check out at a self-service kiosk; and
Clearly display a department-provided hang-tag in a vehicle.

(d) Northern bobwhite and ruffed grouse hunting shall be open from November 1 through December 31 on Tuesday and Saturday except:

After 3:00 p.m.;
During a quota deer hunt as established in 301 KAR 2:178;
During opening weekend of modern gun deer season as established in 301 KAR 2:172; and
During a pheasant quota hunt in the pheasant hunt unit, as established in Section 5 of this administrative regulation.

(e) The daily bag limit shall be:

Four (4) northern bobwhite; and
Two (2) ruffed grouse.

(f) A northern bobwhite or ruffed grouse hunter shall:

Check in and check out at a self-service kiosk; and
Clearly display a department-provided hang-tag in a vehicle.

(g) Pheasants may be taken beginning on the Tuesday following the pheasant quota hunt through December 31.

Any person with a valid hunting license may take a pheasant.
The daily limit per hunter shall be three (3) pheasants of either sex.

(h) Quota fox hunting field trials.

There shall be a maximum of three (3) four (4) day events per calendar year which shall begin:

a. The Wednesday preceding the last Saturday in February;

b. The second Wednesday in September; and

c. The fourth Wednesday in September.

Each event shall be limited to 250 participants.
The area shall be closed to nonparticipants.
A participant shall:

a. Wear a laminated identification badge issued by the department during the event; and

b. Return the laminated badge at the close of the event.

(6) Curtis Gates Lloyd WMA.

(a) Northern bobwhite and rabbit seasons shall be closed after December 31.

(b) A person shall not allow a dog to be unleashed from April 1 until the third Saturday in August, except if squirrel hunting.

(7) Dix River WMA.

(a) Northern bobwhite and rabbit seasons shall be closed after December 31.

(b) Ruffed grouse season shall be open from October 1 through December 31.

(8) Fleming WMA.

(a) Northern bobwhite and rabbit seasons shall be closed after December 31.

(b) Ruffed grouse season shall be open from October 1 through December 31.

(9) Green River Lake WMA.

(a) The pheasant hunt units shall be closed to all hunting for four (4) consecutive days beginning on the third Friday in November, except for archery deer hunting and the pheasant quota hunt established in Section 5 of this administrative regulation.

(b) Northern bobwhite and rabbit seasons shall be closed after December 31.

Beginning on the Tuesday following the pheasant quota hunt through December 31, any person with a valid hunting license may take a pheasant.
The daily limit per hunter shall be three (3) pheasants of either sex.

(d) The area shall be closed to ruffed grouse hunting and trapping.

(10) Higginson-Henry WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

(11) Kleber WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

(12) Lake Cumberland WMA.

(a) Ruffed grouse season shall be open from October 1 through December 31.

(b) Northern bobwhite and rabbit seasons shall be closed after December 31.

(13) Mill Creek WMA.

(a) Northern bobwhite and rabbit seasons shall be closed after December 31.

(b) A person shall hunt coyotes during daylight hours only.

(14) Miller-Welch Central Kentucky WMA.

(a) Small game and furbearer hunting seasons shall be closed, except that squirrel season shall be open.

(b) A person shall not allow a dog to be unleashed:

From April 1 until the third Saturday in August; or
On a Monday, Wednesday, or Friday during the remainder of the year, except:

a. If a person is hunting squirrels during an open season; or

b. If a person is participating in an authorized field trial.

(15) Mullins WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

(16) Nolin Lake WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

(17) Otter Creek Outdoor Recreation Area.

(a) Except as authorized by the department, a person shall not enter the area during a deer quota hunt without a valid quota hunt confirmation number.

(b) Northern bobwhite season shall be closed.

(d) Trapping season shall be from January 1 through the last day in February.

(e) A person who traps on the area shall:

First obtain prior authorization from the area manager; and
Only trap in department designated areas.

(f) Except during deer quota hunts, a person shall not use the following to take furbearers:

A rifle;
Ball ammunition; or
Slug ammunition.

(g) A person shall not use a rimfire gun to take small game, except during a deer quota hunt.

(18) Paul Van Booven WMA. The area shall be closed to vehicle access from one (1) hour after sunset until one (1) hour before sunrise.

(19) Peabody WMA.

(a) A person hunting northern bobwhite on the Sinclair Unit shall:

Only hunt between 7:30 a.m. and 3:00 p.m.;
Only hunt on Thursday and Sunday; and
Not take more than four (4) northern bobwhite daily.

(b) A person hunting northern bobwhite on the Ken Unit shall:

Only hunt between 7:30 a.m. and 3:00 p.m.;
Only hunt on Wednesday and Saturday; and
Not take more than four (4) northern bobwhite daily.

Check in and check out at a self-service kiosk; and
Clearly display a department-provided hang-tag in a vehicle.

(20) Pennyrile Forest WMA.

(a) Ruffed grouse season shall be open from December 1 through December 31.

(b) The daily limit shall be two (2) ruffed grouse.

(21) Pioneer Weapons WMA.

(a) A person shall not hunt with a breech-loading firearm.

(b) A person shall hunt coyotes during daylight hours only.

(22) Redbird WMA. A person shall hunt coyotes during daylight hours only.

(23) Robinson Forest WMA.

(a) Hunting shall not be permitted on the Main Block.

(b) The remainder of the WMA shall be open under statewide requirements.

(24) Rockcastle WMA.

(a) Rabbit season shall be closed after December 31.

(b) A rabbit hunter shall:

Check in and check out at a self-service kiosk; and
Clearly display a department-provided hang-tag in a vehicle.

(c) Northern bobwhite and ruffed grouse hunting shall be open on Tuesday and Saturday until 3:00 p.m. from November 1 through December 31, except it shall be closed during:

A deer quota hunt as established in 301 KAR 2:178; and
Opening weekend of modern gun deer season, as established in 301 KAR 2:172.

(d) The daily bag limit shall be:

Four (4) northern bobwhite; and
Two (2) ruffed grouse daily.

(e) A northern bobwhite or ruffed grouse hunter shall:

Check in and check out at a self-service kiosk; and
Clearly display a department-provided hang-tag in a vehicle.

(25) Taylorsville Lake WMA. Northern bobwhite and rabbit seasons shall be closed after December 31.

(26) Tradewater WMA.

(a) Ruffed grouse season shall be open from December 1 through December 31.

(b) The daily limit shall be two (2) ruffed grouse.

(27) West Kentucky WMA.

(a) A person shall check in daily at a designated check station prior to using an "A" tract.

(b) Northern bobwhite and rabbit seasons shall be closed after December 31 on Tracts 2, 3, 6, and 7.

(c) Northern bobwhite and rabbit seasons shall be open on Tracts 1, 4, 5, and "A" beginning one-half (1/2) hour before sunrise until 1:00 p.m. local time from January 1 through January 10, except if harvest limits are reached prior to January 10.

A hunter shall report harvest numbers and total hours hunted to the area supervisor on a daily basis.
If a tract is closed prior to January 10, a sign indicating closure shall be posted at the hunter check station at least twenty-four (24) hours prior to the closure.

(d) A person shall not:

Use a rifle, ball, or slug ammunition;
Operate a vehicle on Tract 6 from February 1 through April 16; or
Allow a dog to be unleashed from April 1 until the third Saturday in August, except while squirrel hunting.

(28) Yellowbank WMA.

(a) Northern bobwhite and rabbit seasons shall be closed after December 31.

(b) The pheasant hunt units shall be closed for four (4) consecutive days beginning on the first Friday in December to all hunting except archery deer hunting, muzzleloader deer hunting, and the pheasant quota hunt as established in Section 5 of this administrative regulation.

Possess a valid hunting license to take pheasant, unless exempt pursuant to KRS 150.170; and
Not take more than three (3) pheasants of either sex.

Section 5. Pheasant Quota Hunts.

(1) There shall be a pheasant quota hunt on:

(a) Green River Wildlife Management Area for three (3) consecutive days beginning the third Friday in November;

(b) Clay Wildlife Management Area for three (3) consecutive days beginning the first Friday in December; and

(2) There shall be a one (1) day clean-up hunt immediately following each of the hunts for pheasant quota hunters drawn for that particular WMA.

(3) Hunt hours for each day shall be from 9:00 a.m. to 4:00 p.m.:

(a) Eastern time for the Green River Wildlife Management Area and Clay Wildlife Management Area hunts; and

(b) Central time for the Yellowbank Wildlife Management Area hunt.

(4) During a quota hunt or clean-up hunt, a person shall wear hunter orange clothing as established in 301 KAR 2:172.

(5) The daily bag limit per hunter shall be two (2) pheasants of either sex, except there shall be a daily bag limit of three (3) pheasants of either sex during the one (1) day clean-up hunt.

(6) Pheasant quota hunt procedures.

(a) A person selected for a pheasant quota hunt may hunt on the one (1) day clean-up hunt for that area.

(b) A person applying for a pheasant quota hunt shall not apply:

More than one (1) time for each hunt and shall not be drawn for more than one (1) hunt; and
As a group of more than five (5) people.

(c) A person who is drawn to hunt shall pay the pheasant quota hunt permit fee established in 301 KAR 3:022 prior to the hunt.

Section 6. Pheasant Quota Hunt Requirements.

(1) A person applying for a pheasant quota hunt shall:

(a) Complete the pheasant quota hunt application process on the department's Web site at fw.ky.gov between September 1 and September 30; and

(b) Pay a non-refundable three (3) dollar application fee for each applicant.

(2) A person, prior to participating in a quota hunt, shall be required to show a:

(a) Department-issued quota hunt permit;

(b) Valid Kentucky hunting license or proof of exemption; and

(3) A youth-mentor quota hunt party shall have a minimum of one (1) youth as a member of the party.

(4) A person shall comply with all quota hunt requirements or be ineligible to apply for any other quota hunt during the following year, except for an elk quota hunt.

(5) A person who is ineligible to apply for a quota hunt pursuant to subsection (5) of this section shall maintain all preference points that were accrued in other quota hunts.

(6) A youth shall only apply as part of a party that has at least one (1) adult.

(7) The department shall extend the application deadline if technical difficulties with the automated application system prevent applications from being accepted for one (1) or more days during the application period.

(8) A quota hunt applicant who is not selected and who applies to hunt the following year shall be given one (1) preference point for each year the applicant was not selected.

(9) A random selection of hunters with preference points shall be made for each year's quota hunts before those without preference points are chosen.

(10) A person shall forfeit all accumulated points if, in a given year, the person does not apply for the hunt in which points were earned, except as established in subsection (6) of this section.

Section 7. Dog Training Areas on Wildlife Management Areas.

(1) A group or club may request that a dedicated dog training area be authorized by the department on a specific WMA.

(2) The department shall authorize a dog training area if:

(a) The department approves a suitable location for the dog training area; and

(b) A signed memorandum of understanding is entered into with the club or group.

(3) The conditions established in this subsection shall apply for each dog training area on a WMA.

(a) All northern bobwhite to be used in training shall be banded with aluminum leg bands and individually placed in the dog training area.

(b) Dog training areas shall remain open to all other legal WMA uses.

(c) A person shall comply with all dog training area requirements pursuant to 301 KAR 2:041, unless otherwise stated in the memorandum of understanding.

(d) Unleashed dogs shall be allowed within the boundaries of the dog training area year-round, except for:

May 15 through August 15;
The youth statewide turkey season; and
The statewide turkey season.

(e) Released northern bobwhite with aluminum leg bands, chukars, pheasants, or pigeons may be harvested on legal dog training days.

(f) Immediately prior to dog training, a person shall:

Walk and examine the entire dog training area to ensure that no wild northern bobwhite are present; and
Then place released birds in the training area.

Section 8. General Requirements on Federally Owned Areas.

(1) Season dates, bag limits, and other requirements of 301 KAR 2:251 and 2:050 shall apply, except as otherwise established in this administrative regulation.

(2) Hunter orange requirements established in Section 3 of this administrative regulation shall apply to a person hunting or trapping on federal areas referenced in this section.

(3) A person shall:

(a) Obtain permission from the landowner before hunting;

(b) Not hunt except on assigned dates and in assigned areas; and

Section 9. Exceptions on Specific Federally Owned Areas.

(1) If hunting is not prohibited by other area priorities, Fort Campbell, Fort Knox, Land Between the Lakes National Recreation Area, Bluegrass Army Depot, and Reelfoot National Wildlife Refuge may allow hunting if in compliance with 301 KAR 2:122 and 2:251 for:

(a) Squirrels, from June 1 through June 14;

(b) Northern bobwhite and rabbit, no earlier than November 1 nor later than the last day of February;

(d) Frogs, year round; or

(e) Crows, for a maximum of 124 days between September 1 and the last day of February.

(2) A person shall hunt coyotes during daylight hours only on lands managed by:

(a) Daniel Boone National Forest;

(b) George Washington and Jefferson National Forests;

(d) Clarks River National Wildlife Refuge; and

(e) Reelfoot National Wildlife Refuge.

(3) Fort Knox shall not allow more than thirty (30) days of ruffed grouse hunting between October 1 and the last day of February.

(4) On Land Between the Lakes National Recreation Area, a person hunting the species listed in this administrative regulation shall not use:

(a) Crossbows;

(b) Shotgun slugs or shot larger than BB; or

(5) Big South Fork National River and Recreation Area.

(a) Ruffed grouse season shall be open from October 1 through December 31.

(b) Northern bobwhite and rabbit seasons shall be closed after December 31.

Section 10. Incorporation by Reference.

(1) "KDFWR Public Area Trapping Registration Form", 2016 edition, is incorporated by reference.

History

RELATES TO: KRS 150.010, 150.092, 150.170, 150.370, 150.399, 150.990, 150.995
STATUTORY AUTHORITY: KRS 150.025(1), 150.175(7), (9), 150.360, 150.400, 150.410, 150.620
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 and methods of take, and to make these requirements apply statewide or to a limited area. KRS 150.175(7) and (9) authorize the department to issue licenses, permits, and tags for hunting and trapping. KRS 150.360 requires restrictions on the taking of wildlife and authorizes the department to promulgate administrative regulations establishing the requirements for hunting coyotes at night. KRS 150.400 authorizes the department to establish the types of traps that can legally be used by trappers. KRS 150.410 authorizes the department to regulate trap tags, trap visitation, and trap placement to protect domestic animals. KRS 150.620 authorizes the department to promulgate administrative regulations for the maintenance and operation of the lands the department has acquired for public recreation. This administrative regulation establishes exceptions to statewide small game and furbearer requirements on public areas.
History: 20 Ky.R. 2922; eff. 6-2-1994; 21 Ky.R. 1911; 2474; eff. 4-6-1995; 22 Ky.R. 1670; eff. 5-16-1996; 25 Ky.R. 1688; 2132; eff. 3-10-1999; 2651; 26 Ky.R. 43; eff. 7-14-1999; 26 Ky.R. 2015; 27 Ky.R. 74; eff. 7-17-2000; 832; eff. 11-17-2000; 27 Ky.R. 3138; 28 Ky.R. 72; eff. 7-16-01; 28 Ky.R. 2410; eff. 7-15-2002; 29 Ky.R. 2127; eff. 4-1-2003; 2956; eff. 8-13-2003; 30 Ky.R. 2339; eff. 7-14-2004; 31 Ky.R. 823; eff. 1-4-2005; 31 Ky.R. 1702; eff. 6-8-2005; 33 Ky.R. 2358; eff. 5-4-2007; 34 Ky.R. 2428; 35 Ky.R. 21, eff. 7-9-2008; 36 Ky.R. 2215; 37 Ky.R. 37; eff. 8-5-2010; 37 Ky.R. 2283; eff. 6-3-2011; 38 Ky.R.1883; 39 Ky.R. 15; eff. 7-12-2012; 2061; eff. 6-6-2013; 40 Ky.R. 649; 1042; eff. 11-7-2013; 2212; 2427; eff. 6-6-2014; 41 Ky.R. 2615; 42 Ky.R. 278; eff. 9-4-2015; 43 Ky.R. 436, 1173; eff. 2-3-2017; 44 Ky.R. 134, 513; eff. 9-8-2017; 44 Ky.R. 203, 513, 2260, 2488; eff. 6-7-2018; 46 Ky.R. 1012; eff. 3-3-2020.

301 KAR 2:050 Land Between the Lakes hunting requirements {#sec-301-kar-2-050 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:050}

Section 1. License Requirements.

(1) Hunters shall have:

(a) A Land Between the Lakes hunting permit; and

(b) Unless exempted by KRS 150.170(3) through (7), a valid Kentucky hunting license.

(2) Permits shall be nontransferable and may be cancelled if rules and administrative regulations are violated or if the holder is careless with firearms.

(3) Permits may be obtained at any information station or at the Administrative Office, Golden Pond, Kentucky 42211, or through any KDSS agent.

(4) Unless exempted by KRS 150.170(3) through (7):

(a) Deer hunters shall possess a valid Kentucky deer tag.

(b) Turkey hunters shall possess a valid Kentucky turkey tag.

Section 2. General Requirements. Persons shall not:

(1) Take or molest wildlife except as authorized in KRS Chapter 150 or 301 KAR Chapter 2;

(2) Target practice, except at designated ranges and with Land Between the Lakes approval;

(3) Operate motorized vehicles, except:

(a) Within the designated off-highway vehicle area; and

(b) On Land Between the Lakes legal roads as designated by signs and listed on a map available free of charge from Land Between the Lakes;

(4) Drive in woods, fields, foot trails, or utility rights of way; or

(5) Block access to roads, trails, or entryways.

Section 3. Firearms, Crossbows, and Archery Equipment.

(1) Persons shall not:

(a) Carry handguns on their person except during legal hunting hours while participating in authorized gun hunts.

(b) Carry firearms, crossbows, or bows and arrows, except target and fishing arrows, except during authorized hunts by legally licensed and permitted hunters.

(2) Hunters camping on Land Between the Lakes may possess legal hunting firearms, crossbows, or archery equipment one (1) day prior to, during, and one (1) day after an authorized hunt.

(3) Firearms, crossbows, and archery equipment shall conform to 301 KAR Chapter 2 for the species being hunted.

Section 4. Hunting and Chasing.

(1) Persons shall not hunt in developed public use areas, safety zones, or posted areas unless the area is designated by signs as open to hunting.

(2) A state permit shall be required to conduct a field trial.

(3) Between sunrise and sunset, persons shall not:

(a) Hunt raccoon or opossum; or

(b) Chase foxes with dogs.

(4) Raccoons may be bagged or taken for restocking.

(5) Dogs shall be removed by 8 a.m.

(6) Persons participating in deer quota hunts:

(a) Shall be selected for each hunt by computerized drawing.

(b) Shall not submit more than one (1) application.

(d) Shall not hunt except on dates assigned to them.

(e) Shall not change hunt dates.

(f) Shall remain in assigned areas.

(g) Shall take the sex of deer specified on the permit.

Section 5. Tree Stands.

(1) Nails, spikes, tree climbers, screw-in devices, or wire shall not be used for attaching stands or for climbing trees.

(2) Existing permanent stands shall not be used.

(3) Portable stands and climbing devices that do not injure trees may be used.

(4) Portable stands shall:

(a) Not be placed on trees more than two (2) weeks prior to the hunting season;

(b) Be removed within one (1) week following a hunting season or portion of a split season; and

History

RELATES TO: KRS 150.010, 150.025, 150.170, 150.250, 150.360, 150.640, 150.680
STATUTORY AUTHORITY: KRS 150.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations establishing requirements for hunting. This administrative regulation establishes special hunting rules at Land Between the Lakes and authorizes conservation officers to enforce Land Between the Lakes hunting rules.
History: KFWR-G-109; 1 Ky.R. 65; eff. 11-13-1974; Am. 5 Ky.R. 706; eff. 5-2-1979; 8 Ky.R. 1158; eff. 6-2-1982; 11 Ky.R. 735; eff. 12-11-1984; 14 Ky.R. 33; eff. 8-5-1987; 21 Ky.R. 2732; eff. 6-14-1995; 27 Ky.R. 3333; 28 Ky.R. 358; eff. 8-15-2001; 32 Ky.R. 2092; eff. 7-12-2006; 48 Ky.R. 138, 1127; eff. 11-17-2021.

301 KAR 2:075 Wildlife rehabilitation permit {#sec-301-kar-2-075 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:075}

Section 1. Definitions.

(1) "Cervid" means deer, elk, moose, caribou, reindeer, and related species and hybrids thereof, including all members of the Cervidae family and hybrids thereof.

(2) "Chronic Wasting Disease" or "CWD" means a transmissible spongiform encephalopathy found in cervids.

(3) "CWD Surveillance Zone" means an area, designated and listed on the department's Web site at fw.ky.gov, as being under special cervid requirements, as established in 301 KAR 2:172, due to a CWD positive cervid detection.

(4) "Enhanced Rabies Surveillance Zone" means the counties designated by the United States Department of Agriculture as current rabies surveillance counties listed at https://fw.ky.gov/Wildlife/Pages/Rabies.aspx.

(5) "Federally protected wildlife" means any wildlife species listed by the U.S. Fish and Wildlife Service as threatened or endangered, and any birds protected under the Migratory Bird Treaty Act, 16 U.S.C. 703 – 712, or the Bald and Golden Eagle Protection Act, 16 U.S.C. 668.

(6) "Habituation" means the process where wildlife becomes accustomed to the presence of humans or other anthropogenic stimuli, resulting in a reduced or altered behavioral response hindering their ability to survive post release. Habituation does not include imprinting of avian species.

(7) "Permit holder" means a wildlife rehabilitation permit holder.

(8) "Rabies vector species" means a:

(a) Bat (Order Chiroptera);

(b) Coyote (Canis latrans);

(d) Raccoon (Procyon lotor);

(e) Red fox (Vulpes vulpes);

(f) Spotted skunk (Spilogale putorius);

(g) Striped skunk (Mephitis mephitis); or

(h) Any hybrid of paragraphs (a) through (g)of this subsection.

(9) "Sub-permit holder" means a volunteer at wildlife rehabilitator facility who works under supervision of a valid permit holder.

(10) "Wildlife rehabilitation" means the process of obtaining, rescuing, raising, providing supportive care, regularly transporting, and arranging for veterinary medical care of orphaned, sick, displaced, or injured wildlife with the goal of releasing the wildlife back into its natural habitat.

Section 2. Permitting Requirements.

(1) A permit shall authorize a person to rehabilitate wildlife as defined as "wildlife rehabilitation" by Section 1(8) of this administrative regulation.

(2) An applicant for a wildlife rehabilitation permit shall:

(a) Be at least eighteen (18) years of age;

(b) Submit a completed Wildlife Rehabilitation Permit Application;

(d) Submit:

Certificate of completion of the course entitled "Basic Wildlife Rehabilitation" offered by the International Wildlife Rehabilitation Council; or
Proof of a doctorate of veterinary medicine degree from an American Veterinary Medical Association (AVMA) accredited school; and

(e) Submit the annual permit fee as referenced athttps://fw.ky.gov/Licenses/Pages/Fees.aspxand established in 301 KAR 5:022.

Section 3. Reporting Requirements.

(1) A permit holder shall:

(a) Keep records of all wildlife received or rehabilitated on the Wildlife Rehabilitation Annual Report;

(b) Submit a Wildlife Rehabilitation Annual Report to the department within thirty (30) days after expiration of a permit and before a permit is renewed; and

(c) Submit a Wildlife Rehabilitation Non-Releasable Wildlife Report, if applicable, to the department within thirty (30) days after expiration of a permit and before a permit is renewed.

(2) The annual activity report shall contain the information regarding the activity for the period from December 1 of the previous year to November 30 of the current year.

(3) The department shall not renew the permit of a wildlife rehabilitator who does not submit:

(a) A completed Wildlife Rehabilitation Annual Report;

(b) The Wildlife Rehabilitation Non-releasable Wildlife Report, if applicable; and

(c) Report documents and all records of wildlife rehabilitation activity, including veterinary medical records, from the current and previous years' activity upon request to department staff.

Section 4. Receiving and Rehabilitating Wildlife.

(1) A permit holder shall not rehabilitate or attempt to rehabilitate:

(a) Cougar (Felis concolor);

(b) Wolf (Canis lupus or Canis rufus);

(d) Bear (Ursus americanus);

(e) Any species of terrestrial wildlife not native to Kentucky; or

(f) Prohibited species listed in 301 KAR 2:082 Section 4.

(2) A permit holder shall not:

(a) Propagate non-releasable wildlife or wildlife undergoing rehabilitation;

(b) Except as established in Section 12(1) of this administrative regulation, allow a non-permitted person to rehabilitate, assist in wildlife rehabilitation, access, or have direct contact with wildlife undergoing rehabilitation;

(c) Allow a non-permitted person to rehabilitate, assist in wildlife rehabilitation, access, or have direct contact with rabies vector species;

(d) Remove wildlife undergoing rehabilitation from the permitted facility except for release, veterinary care, or transfer to another permitted wildlife rehabilitation facility;

(e) Habituate wildlife to humans;

(f) Exhibit or display wildlife undergoing rehabilitation;

(g) Transport wildlife across state lines for rehabilitation, release, or for any purpose, unless authorized by the commissioner because rehabilitation services are not feasibly available within Kentucky and the activities pose minimal disease risk. Authorization shall not be granted for rabies vector species;

(h) Simultaneously hold captive wildlife under a captive wildlife permit, as established in 301 KAR 2:081, while holding wildlife under a wildlife rehabilitation permit; or

(i) Simultaneously hold captive cervids under a captive cervid permit as established in 301 KAR 2:083, while holding wildlife under a wildlife rehabilitation permit.

(3) A permit holder shall only provide necessary supportive care to wildlife undergoing rehabilitation, which shall not permanently diminish their ability to survive and reproduce naturally in the wild.

(4) Cervids.

(a) Except as established in paragraphs (c) and (d) of this subsection, a permit holder shall not rehabilitate or attempt to rehabilitate any cervid:

Within a CWD Surveillance Zone;
Originating from a CWD Surveillance Zone; or
From a distance greater than 100 miles from the rehabilitation facility.

(b) A permit holder shall not transport a cervid into or out of a CWD Surveillance Zone.

(c) A permit holder shall not keep a cervid as non-releasable wildlife within a CWD Surveillance Zone, except that a non-releasable cervid legally obtained before the establishment of a CWD Surveillance Zone may be kept for the life of the animal.

(d) A permit holder in possession of a cervid prior to the establishment of a CWD Surveillance Zone shall only keep the cervid up to 180 days or upon recovery from injury or illness and of suitable age to survive in the wild, whichever comes first, and shall release the cervid within the county of rehabilitation, unless the animal is euthanized or meets the criteria to be kept as non-releasable wildlife.

(e) A wild-born cervid held in captivity for rehabilitation purposes shall not be housed in:

The same pen as another captive cervid or housed in direct physical contact with a cervid that originated in captivity; or
A pen that has previously housed cervids that originated in captivity.

(5) Rabies vector species.

(a) A permit holder shall not possess, rehabilitate, or attempt to rehabilitate a rabies vector species:

Originating from the Enhanced Rabies Surveillance Zone;
Inside the Enhanced Rabies Surveillance Zone that originated from outside the Enhanced Rabies Surveillance Zone; or
If collected at a distance greater than 100 miles from the rehabilitation facility.

(b) A permit holder shall not transport a rabies vector species into or out of the Enhanced Rabies Surveillance Zone.

Those animals legally held outside the Enhanced Rabies Surveillance Zone prior to April 4, 2023; and
Bats (Order Chiroptera) that were legally held outside the Enhanced Rabies Surveillance Zone prior to April 4, 2026.

(d) Except as established in Section 5(5) of this administrative regulation, rabies vector species shall be maintained within an enclosure sufficient to prevent:

Escape; and
Direct contact with a non-permitted person.

Section 5. Wildlife Release. A permit holder shall:

(1) Release wildlife immediately upon recovery from injury or illness and when of a suitable age to reasonably survive in the wild;

(2) Only keep wildlife in a rehabilitation facility for a maximum of 180 days, unless written documentation from the U.S. Fish and Wildlife Service is provided or a release deadline extension is granted, in accordance with Section 6;

(3) Only release wildlife into appropriate habitat for that species;

(4) Obtain landowner permission before releasing wildlife;

(5) Release rabies vector species back into the original county of capture or any adjacent county to the county of capture if outside of the Enhanced Rabies Surveillance Zone and within Kentucky;

(6) Release reptiles and amphibians at the original point of capture or within the vicinity if point of capture is not suitable habitat; and

(7) Release cervids in the county in which they were rehabilitated.

Section 6. Release Deadline Extension.

(1) Upon written request, the Wildlife Division Director shall consider granting an extension to hold wildlife, other than federally protected species, undergoing rehabilitation for longer than 180 days. This request shall meet the following criteria to be considered:

(a) The written request and supporting documentation shall be received thirty (30) days prior to the required release date;

(b) The request shall include documentation of an evaluation by a veterinarian as defined by KRS 321.181(69) establishing that the current stage of physiological development renders the individual animal incapable of surviving in the wild if released at 180 days; and

(c) Documentation is included justifying the need for and specific benefits of a prolonged rehabilitation period for the individual animal.

(2) The Wildlife Division Director shall only grant extensions that:

(a) Promote and further the purposes of KRS Chapter 150;

(b) Would, as determined by the Wildlife Division Director, provide a substantial increase in the individual animal's likelihood of surviving in the wild upon release;

(c) Are no longer than necessary to substantially increase the individual animal's likelihood of surviving in the wild upon release; and

(d) Are no more than 180 days past the original 180 day release date for the individual animal.

Section 7. Non-releasable Wildlife.

(1) Except as prohibited by Section 4 of this administrative regulation, wildlife may be considered non-releasable and may be retained by a permit holder if a licensed Kentucky veterinarian certifies in writing that it:

(a) Is a mammal with an amputated leg;

(b) Lacks adequate vision to function in the wild;

(d) Has another permanent injury that is reasonably expected to inhibit survival in the wild, not including habituation to humans.

(2) Rabies vector species, excluding bats, that meet the criteria for non-releasable wildlife and legally held prior to April 4, 2023, may be allowed to remain in possession of a valid permit holder through the life of the animal by submitting a Wildlife Rehabilitation Non-Releasable Wildlife Report form by April 4, 2023.

(3) Bats (Order Chiroptera) that meet the criteria for non-releasable wildlife and legally held prior to April 4, 2026, may be allowed to remain in possession of a valid permit holder through the life of the animal by submitting a Wildlife Rehabilitation Non-Releasable Wildlife Report form by July 4, 2026.

(4) Rabies vector species legally held as non-releasable, shall not leave the wildlife rehabilitation facility except for veterinary care or transfer to another permitted rehabilitation facility and shall be included on the Wildlife Rehabilitation Annual Report.

(5) A person who legally possesses non-releasable rabies vector species shall not replace that wildlife after its death.

(6) Except as established in Section 5(5) of this administrative regulation, non-releasable rabies vector species shall be maintained within an enclosure sufficient to prevent:

(a) Escape; and

(b) Direct contact with non-permitted persons.

(7) Only non-releasable wildlife may be displayed, except that non-releasable rabies vector species shall not be displayed. Displays shall only be for conservation education purposes.

(8) Non-releasable migratory birds may be transferred with prior approval from the issuing federal Migratory Bird Permit Office.

(9) All non-releasable wildlife shall be housed and maintained at a permitted wildlife rehabilitation facility.

Section 8. Facilities and Operating Standards.

(1) All wildlife rehabilitation facilities shall pass a facility inspection.

(2) An applicant's or permit holder's facility and property on which the facility is located that is under the department's jurisdiction and used for the purpose of wildlife rehabilitation, shall be inspected by a game warden using a Wildlife Rehabilitation Facility Inspection Checklist to document compliance with this administrative regulation before a permit is obtained or renewed.

(3) A permit holder shall allow any game warden, and all department staff accompanying a game warden, to access the wildlife rehabilitation facility and the property on which the wildlife rehabilitation facility is located that is under the department's jurisdiction and used for the purpose of wildlife rehabilitation, at any reasonable time and frequency to carry out the purposes of this administrative regulation.

(4) A facility, and all methods of confinement, shall comply with the Minimum Standards for Wildlife Rehabilitation.

(5) A permit holder shall:

(a) Only rehabilitate wildlife at a facility that has passed an annual facility inspection; and

(b) List the addresses of all facilities on the Wildlife Rehabilitation Permit Application.

(6) A permit holder shall allow a game warden to inspect a holding facility and property on which the facility is located that is under the department's jurisdiction and used for the purpose of wildlife rehabilitation, at any reasonable time and frequency.

(7) The game warden shall immediately notify the applicant or permit holder and the Wildlife Division director if the inspection reveals that the facility is not in compliance with this administrative regulation and shall provide a completed Wildlife Rehabilitation Facility Inspection Checklist to the appropriate Wildlife Division personnel within three (3) business days.

(8) If an inspection determines that a facility is not in compliance with a KRS Chapter 150 and KAR Title 301, the game warden shall make a second inspection after ten (10) calendar days, and the permit application shall be denied or the permit shall be revoked if the unsatisfactory conditions have not been corrected.

(9) If an applicant or permit holder refuses to allow a game warden to fully conduct an inspection, the permit application shall be denied or the permit shall be revoked.

Section 9. Rabies Exposure.

(1) If a mammal bites a person, or a mammal shows symptoms of a rabies infection, the animal shall be dispatched in a manner so as to preserve the brain intact and the animal's head shall be submitted for testing immediately to a laboratory approved by the Secretary for Health and Family Services to be tested for rabies, as established in 902 KAR 2:070, Section 5 and KRS 258.085(1)(c).

(2) Department staff shall confiscate and dispatch any wild mammal that bites a person or shows symptoms of a rabies infection.

Section 10. Sub-permittees.

(1) A sub-permittee is responsible for reading and complying with all provisions in 301 KAR 2:075 and shall sign a completed Wildlife Rehabilitation Sub-Permittee Assignment form, to be submitted by the permit holder, prior to assisting with any rehabilitation activities.

(2) A sub-permittee shall work under the supervision of a valid permit holder.

(3) A sub-permittee's authorization to assist with rehabilitation activities shall only be assigned to a single permit holder.

(4) The permit holder shall be responsible for training and supervision of all sub-permittees listed under their supervision. Any violations that occur from a sub-permittee's rehabilitation activities shall be attributed to the permit holder for the purposes of permit denials, suspensions, or revocations.

(5) The permit holder shall submit to the department via email at fwpermits@ky.gov, a Wildlife Rehabilitation Sub-Permittee Assignment form immediately upon removing a sub-permittee from under their supervision or prior to a new sub-permittee beginning to perform any rehabilitation activities.

(6) A permit holder shall not allow an individual to assist them as a sub-permittee until the department provides written approval of the sub-permittee.

(7) A sub-permittee shall not be approved if the individual:

(a) Has been convicted of a state or federal fish and wildlife violation within one (1) year; or

(b) Is currently under a suspension, revocation, or denial period from holding a wildlife rehabilitation permit.

Section 11. Veterinarians.

(1) A veterinarian as defined by KRS 321.181(69) and licensed by the Kentucky Board of Veterinary Examiners, is not required to obtain a wildlife rehabilitation permit to temporarily possess, stabilize, or euthanize sick and injured wildlife, only for the purpose of providing immediate critical care.

(2) A veterinarian who does not possess a valid wildlife rehabilitation permit shall transfer wildlife to a permitted wildlife rehabilitator according to the requirements of this regulation, within twenty-four (24) hours after the animal's condition is stabilized and no longer requires critical care, unless wildlife is euthanized.

(3) A veterinarian who rehabilitates wildlife shall possess a valid wildlife rehabilitation permit.

(4) A permit holder shall follow veterinarian's medical instructions, in accordance with KRS 321.185.

(5) A veterinarian shall keep medical records of all wildlife treated, in accordance with KRS Chapter 321 and 201 KAR Chapter 16 and provide records to department staff upon request.

(6) Only a licensed veterinarian or licensed veterinarian technician shall perform euthanasia using AVMA approved non-inhaled chemical methods under KRS Chapter 321.

Section 12. Wildlife Possession.

(1)

(a) Any person who finds sick, injured, displaced, or orphaned wildlife may, without a permit, take possession of the animal in order to immediately transport it to a permitted wildlife rehabilitator, except a person who:

Regularly transports wildlife for rehabilitation purposes and possesses a valid wildlife rehabilitation permit; or
Is a sub-permittee for an individual who possesses a valid wildlife rehabilitation permit.

(b) Any person who finds sick, injured, displaced, or orphaned federally protected migratory birds within a nest shall not, without a state and federal permit, take possession of the animal as established in 50 C.F.R. 21.12(d)(10).

(2) A wildlife rehabilitation permit shall not confer ownership of any wildlife species held under a wildlife rehabilitation permit, including non-releasable wildlife.

(3) All wildlife held under a permit shall remain under the stewardship of the Department of Fish and Wildlife Resources, except that federally-protected wildlife remain under the stewardship of both the Department of Fish and Wildlife and the U.S. Fish and Wildlife Service.

(4) Wildlife shall be surrendered to the department, for processing and disposition pursuant to KAR Title 301, upon being presented with a written order by the commissioner for failure to comply with KRS Chapter 150 or KAR Title 301.

Section 13. Federally-Protected Species. A person rehabilitating federally protected species shall possess valid Kentucky and federal wildlife rehabilitation permits, except that a person may be authorized as a USFWS sub-permittee on a federal migratory bird rehabilitation permit, under a federal permit holder, per 50 C.F.R. 21.31.

(1) USFWS sub-permitted persons on a federal migratory bird rehabilitation permit conducting wildlife rehabilitation activities shall possess a valid state wildlife rehabilitation permit.

(2) A permit holder shall immediately notify the department in writing or by email to fwpermits@ky.gov, of any federally threatened or endangered wildlife species, delivered, received, recovered, or retained for rehabilitation.

(3) A general or master class falconry permit holder may condition raptors for subsequent release into the wild for a permitted wildlife rehabilitator, as established in 301 KAR 2:195, only for the species the falconry permit holder is allowed to possess.

(4) Falconers that rehabilitate wildlife, except for conditioning raptors, in accordance with this section, shall possess a valid wildlife rehabilitation permit.

Section 14. Revocation and Denial of Permits and Appeal Procedure.

(1) Denial and revocation.

(a) The department shall revoke the permit, deny the issuance of a new permit, or deny a renewal of an existing or lapsed permit of a person who is convicted of a violation of any provisions of:

KRS Chapter 150;
301 KAR Chapters 1 through 5; or
Any federal statute or regulation related to hunting, fishing, or wildlife.

(b) The department shall revoke the permit, deny the issuance of a new permit, or deny a renewal of an existing or lapsed permit from a person who:

Provides false information on a Wildlife Rehabilitation Permit Application, federal permit, Wildlife Rehabilitation Annual Report, Wildlife Rehabilitation Non-Releasable Wildlife Report, Wildlife Rehabilitation Facility Inspection Checklist, or records;
Acquires wildlife prior to receiving an approved wildlife rehabilitation permit;
Fails a facility inspection, as established in Section 8 of this administrative regulation;
Fails to comply with any provision of this administrative regulation, 301 KAR 3:120, 301 KAR 2:081, 301 KAR 2:082, 301 KAR 2:083, 301 KAR 2:195, or 301 KAR 2:251;
Allows a non-permitted person to rehabilitate, assist in wildlife rehabilitation, access, or have direct contact with wildlife undergoing rehabilitation or non-releasable rabies vector species;
Fails to contain wildlife in enclosures that meet Minimum Standards for Wildlife Rehabilitation except during treatment, release, or transfer as established in Section 7 of this administrative regulation;
Keeps wildlife beyond the maximum rehabilitation period, subject to any extensions granted pursuant to Section 6 of this administrative regulation;
Accepts rabies vector species within the enhanced Rabies Surveillance Zone;
Accepts rabies vector species that originated from the Enhanced Rabies Surveillance Zone;
Transports rabies vector species into or out of the Enhanced Rabies Surveillance Zone;
Fails to possess a valid federal permit or be listed as a USFWS sub-permittee on a federal permit to rehabilitate federally protected wildlife;
Accepts cervids within a CWD Surveillance Zone;
Accepts cervids that originated within a CWD Surveillance Zone;
Transports cervids into or out of a CWD Surveillance Zone; or
Has a sub-permittee working under their permit who violates the provisions of this administrative regulation.

(2) Confiscated wildlife.

(a) All wildlife shall be confiscated if a wildlife rehabilitation permit is revoked or denied, a person possesses native wildlife for the purpose of wildlife rehabilitation without a valid wildlife rehabilitation permit, or a facility fails a facility inspection per Section 8 of this administrative regulation.

(b) Confiscated wildlife shall be released; transferred with the approval of the Wildlife Division Director based on the animal's health, survivability, probability of placement, rabies vector species designation, and federal protection status; or dispatched.

(3) Denial period.

(a) An applicant whose permit has been revoked or denied for the grounds established in this section shall be ineligible to reapply, and all applications shall be denied for the period established in subparagraphs 1. through 3. of this paragraph.

The initial denial period shall be one (1) year.
A second denial period shall be three (3) years.
A third or subsequent denial period shall be five (5) years.

(b) During the denial period, a person whose wildlife rehabilitation permit has been denied or revoked shall not rehabilitate wildlife or assist in the rehabilitation of wildlife.

(4) Administrative hearings.

(a) An individual whose permit has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

(b) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or the revocation.

(c) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(d) The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order, pursuant to KRS Chapter 13B.

Section 15. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Minimum Standards for Wildlife Rehabilitation, Fourth Edition" 2012 edition;

(b) "United States Department of Agriculture Enhanced Rabies Surveillance Zone", 2025 Edition.

(d) "Wildlife Rehabilitation Permit Application", May 2025 edition;

(e) "Wildlife Rehabilitation Non-Releasable Wildlife Report", 2022 edition;

(f) "Wildlife Rehabilitation Facility Inspection Checklist", 2022 edition; and

(g) "Wildlife Rehabilitation Sub-Permittee Assignment", July 2025 edition.

(a) Minimum Standards for Wildlife Rehabilitation, Fourth Edition: https://theiwrc.org/resources/guidelines-for-wildlife-rehabilitation;

(b) United States Department of Agriculture Enhanced Rabies Surveillance Zone: https://fw.ky.gov/Wildlife/Pages/Rabies.aspx;

(d) Wildlife Rehabilitation Permit Application: https://fw.ky.gov/Licenses/Documents/Wildlife-Rehab-Permit-App.pdf;

(e) Wildlife Rehabilitation Non-Releasable Wildlife Report: https://fw.ky.gov/Wildife/Documents/Non-Release-Wildlife-Rpt.pdf;

(f) Wildlife Rehabilitation Facility Inspection Checklist: https://fw.ky.gov/Wildlife/Documents/Wildlife-Rehab-FAC-Inspection-Checklist.pdf; and

(g) Wildlife Rehabilitation Sub-Permittee Assignment: https://fw.ky.gov/Licenses/Documents/Wildlife-Rehab-Sub-Permittee-Assign.pdf.

History

RELATES TO: KRS 13B, 150.010, 150.015, 150.021, 150.170, 150.183, 150.195, 150.330,150.990, 321.181, 321.185, 50 C.F.R. 17, 21, 22, 16 U.S.C. 668, 703 – 712
STATUTORY AUTHORITY: KRS 150.025(1)(h), 150.280
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(i) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations reasonably necessary to implement or carry out the purposes of KRS Chapter 150. KRS 150.280 requires the department to promulgate administrative regulations regarding the holding of protected wildlife. This administrative regulation establishes the permitting and operating requirements for wildlife rehabilitators.
History: 301 KAR 002:075. 28 Ky.R. 2478; Am. 29 Ky.R. 435; eff. 8-12-2002; 2958; 30 Ky.R. 278; eff. 8-13-2003; 33 Ky.R. 518; 1077; eff. 10-11-2006; 43 Ky.R. 1848, 2127; eff. 7-6-2017; 44 Ky.R. 1128, 1513; eff. 2-2-2018; 49 Ky.R. 864, 1607; eff. 2-2-2023, 52 Ky.R.256, 754, 961; eff. 3-3-2026.

301 KAR 2:081 Transportation and holding of live native wildlife {#sec-301-kar-2-081 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:081}

Section 1. Definitions.

(1) "Bred in captivity" or "captive bred" means wildlife, including eggs, born or otherwise produced in captivity from parents that mated or otherwise transferred gametes in captivity, if reproduction is sexual, or from parents that were in captivity when development of the progeny began, if development is asexual.

(2) "Enhanced Rabies Surveillance Zone" means Bell, Boyd, Bracken, Carter, Clay, Elliot, Fleming, Floyd, Greenup, Harlan, Johnson, Knott, Knox, Laurel, Lawrence, Leslie, Letcher, Lewis, Martin, Mason, McCreary, Pike, Perry, Robertson, and Whitley counties.

(3) "Native wildlife" means wildlife species that have historically existed, currently exist, or have naturally expanded their range:

(a) In the wild into Kentucky;

(b) Without introduction by humans; and

Origin or location of an individual animal; and
Being captive-bred or taken from the wild.

(4) "Rabies vector species" means a:

(a) Coyote (Canis latrans);

(b) Gray fox (Urocyon cinereoargenteus);

(d) Red fox (Vulpes vulpes);

(e) Spotted skunk (Spilogale putorius);

(f) Striped skunk (Mephitis mephitis); or

(g) Any hybrid of paragraphs (a) through (f) of this subsection.

Section 2. Taking and Possessing Native Wildlife.

(1) A person shall not possess native wildlife that was not legally acquired.

(2) For native wildlife obtained from the wild, a person shall not:

(a) Buy;

(b) Sell;

(d) Offer to sell; or

(e) Trade or barter.

(3) Except as established in Sections 5(9) and 7(1) of this administrative regulation and subsections (4), (5), (6), and (9) of this section, a person holding native wildlife in captivity shall apply for and obtain the appropriate permit prior to acquiring wildlife.

(4) Northern bobwhite.

(a) A person may possess 100 or fewer northern bobwhite without a captive wildlife permit, if the:

Birds are not propagated or sold; and
Person retains and possesses a receipt or proof of purchase.

(b) A person possessing northern bobwhite for dog training areas, shooting areas, or a shoot-to-train season shall comply with all applicable requirements of 301 KAR 2:041.

(5) Amphibians and reptiles.

(a) Five (5) or fewer individuals of each species of native reptile or amphibian may be taken year-round or possessed for personal use without a permit, except there shall be:

No limit on common snapping or softshell turtles, as established in 301 KAR 1:058;
A limit of fifteen (15) bullfrogs per night, during the bullfrog season, as established in 301 KAR 1:082; and
A limit of twenty-five (25) dusky salamanders of the genus Desmognathus, as established in 301 KAR 1:130.

(b) There shall not be a limit on the number of individuals of each species possessed by a commercial or noncommercial captive wildlife permit holder, if the permit holder does not possess more than five (5) wild-caught individuals of each species of amphibian or reptile.

(c) A captive wildlife permit shall not be required to hold reptiles with a color morphology that is distinctly different from the wild type of the same species of reptile.

(6) A person with a valid falconry permit, as established in 301 KAR 2:195, shall not be required to possess a noncommercial captive wildlife permit or transportation permit for raptors held under the falconry permit.

(7) A rabies vector species that is trapped in accordance with 301 KAR 2:251 shall be dispatched before being moved, unless immediately released at capture site, except that red foxes and coyotes trapped during the trapping season, as established in 301 KAR 2:251, may be:

(a) Held for up to forty-eight (48) hours with a valid noncommercial captive wildlife permit only for the purpose of being transferred to a permitted foxhound training enclosure as established in 301 KAR 2:041; and

(b) Transferred from the wild to a permitted foxhound training enclosure if the enclosure is located within the county of capture but shall not be transferred from one foxhound training enclosure to another.

(8) A person shall not transport a living rabies vector species into or out of the Enhanced Rabies Surveillance Zone.

(9) A captive wildlife permit shall not be required for captive-bred native wildlife legally imported or held in a temporary facility for ten (10) days or less.

(10) A permit holder shall report all bites and exposure events, as established in KRS 258.065, to the local county health department within twelve (12) hours.

(11) If a native mammal in a permit holder's possession bites a person or a mammal shows symptoms of a rabies infection, the animal shall be dispatched immediately, as established in KRS 258.085(1)(c), and the permit holder shall submit its head for testing immediately to a laboratory approved by the Secretary for Health and Family Services to be tested for rabies, as established in 902 KAR 2:070, Section 5.

(12) Department staff shall confiscate and dispatch any wild mammal that bites a person or shows symptoms of a rabies infection if the animal is not otherwise immediately dispatched pursuant to subsection (11) of this section.

Section 3. Captive Wildlife Permits and Record Keeping.

(1) Commercial captive wildlife permit.

(a) A commercial captive wildlife permit shall be required for a person to:

Sell;
Offer to sell;
Trade;
Barter; or
Profit in any way from captive native wildlife, except as authorized by Section 2(9) of this administrative regulation.

(b) A commercial captive wildlife permit shall be renewable annually from the date of issue.

(2) Noncommercial captive wildlife permit.

(a) A noncommercial captive wildlife permit shall be required for a person possessing native wildlife, but not selling, offering to sell, trading, bartering, or profiting in any way from captive native wildlife.

(b) A noncommercial captive wildlife permit shall be renewable three (3) years from the date of issue.

(3) A captive wildlife permit holder shall maintain accurate records for all captive-bred and wild-captured wildlife and include the information established in paragraphs (a) and (b) of this subsection.

(a) For each captive-bred animal, a person shall:

Record the common and scientific name;
Keep evidence of legal acquisition, which shall be a:

a. Bill of sale;

b. Receipted invoice; or

c. Certificate of origin;

Record and maintain each animal's date of birth;
Record and maintain each transaction date related to:

a. Sale;

b. Purchase;

c. Trade;

d. Barter; or

e. Gifting; and

Record and maintain information of the person either receiving or transferring captive wildlife, which shall include the person's:

a. Name;

b. Address;

c. Phone number; and

d. Captive wildlife permit number.

(b) For each wild-captured animal, a person shall record and maintain the:

Common and scientific name;
Date of capture or date when received;
Location of capture;
Trapping license or hunting license number, if applicable, of the individual obtaining the wildlife; and
Information of the person to whom the animal was given or received, which shall include the person's:

a. Name;

b. Address;

c. Phone number; and

d. Captive wildlife permit number.

(4) A captive wildlife permit holder shall:

(a) Maintain all records for at least five (5) years; and

(b) Allow records to be inspected by a department representative upon request.

Section 4. Transportation Permits and Certificates of Veterinary Inspection.

(1) Unless otherwise exempted by this or another administrative regulation, a person shall apply for and obtain a valid transportation permit or permit authorization number from the department for all shipments of native wildlife prior to:

(a) Receiving a shipment of native wildlife from outside of Kentucky;

(b) Importing native wildlife into Kentucky; or

(2) A copy of a valid transportation permit or permit authorization number shall accompany all shipments of native wildlife into and through Kentucky.

(3) An individual transportation permit shall be valid for one (1) shipment of native wildlife.

(4) An annual transportation permit shall be valid for multiple wildlife shipments for one (1) year from the date of issue.

(5) All shipments of wildlife, except for amphibians and reptiles, shall be accompanied by a:

(a) Certificate of veterinary inspection stating that the wildlife is free from symptoms of disease; or

(b) Federal quarantine certificate.

Section 5. Applying for Permits.

(1) A permit shall authorize a person to hold native wildlife according to this administrative regulation.

(2) An applicant for a captive wildlife or transportation permit shall:

(a) Submit a completed Captive Wildlife Permit Application and Checklist;

(b) Provide the department with a valid email address;

(c) Submit the permit fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022, except for applicants meeting the requirements in subsections (11) and (13) of this section; and

(d) Be at least eighteen (18) years of age.

(3) For a commercial or noncommercial captive wildlife permit, an applicant shall submit a completed Captive Wildlife Permit Application and Checklist.

(4) For an individual transportation permit, an applicant shall submit a completed Individual Transportation Permit Application.

(5) For an annual transportation permit, an applicant shall submit a completed Annual Transportation Permit Application.

(6) An applicant for a captive wildlife permit shall only obtain wildlife from:

(a) A legal purchase or transfer of captive-bred animals from a commercial captive wildlife permit holder;

(b) A gift from a commercial or noncommercial captive wildlife permit holder;

(c) Wildlife trapped by the applicant during a legal season for the species with a valid trapping license, if applicable; or

(d) A legal out-of-state source if the applicant provides a valid transportation permit.

(7) Following permit issuance, the permit holder shall retain records as established in Section 3(3) and (4) of this administrative regulation.

(8) An applicant shall construct holding facilities that meet or exceed the enclosure specifications established in Sections 8 and 9 of this administrative regulation for each listed species to be acquired before submitting the Captive Wildlife Permit Application and Checklist.

(9) A person in legal possession of native wildlife who moves to Kentucky shall have thirty (30) days to pass a facility inspection and apply for a captive wildlife permit, if the person possessed a valid transportation permit to import the wildlife.

(10) A captive wildlife permit holder shall not simultaneously hold a wildlife rehabilitation permit.

(11) An applicant shall submit a completed Captive Wildlife Permit Application and Checklist and the correct fee, as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022 or 301 KAR 3:061, except if the permit holder is a government agency engaged in conservation activities, the fee shall be waived.

(12) An applicant importing into Kentucky, transporting through Kentucky, or possessing within Kentucky, any federally protected migratory bird species shall possess, and provide to the department, a valid United States Fish and Wildlife Service permit, except for persons or entities that possess a valid falconry permit or meet the conditions listed in 50 C.F.R. 21.12 (a) and (b), 50 C.F.R. 21.13, and 50 C.F.R. 21.14.

(13) Federally endangered native species shall not be imported into Kentucky, transported through Kentucky, or possessed in Kentucky, except by:

(a) A facility accredited by the Association of Zoos and Aquariums, as established in Section 7 of this administrative regulation;

(b) An individual who possesses a United States Fish and Wildlife Service permit pursuant to KRS 150.183 and 301 KAR 3:061; or

(14) An annual transportation permit holder shall submit a revised Annual Transportation Permit Application to the department by mail to the address listed on the annual transportation permit application or by email at FWpermits@ky.gov for any amendments to the original application and shall not ship wildlife until a revised permit is issued by the department.

(15) A person importing or possessing native wildlife shall be responsible for following all applicable federal laws, state laws, and local ordinances regarding wildlife.

Section 6. Prohibited Species.

(1) Except as established in Sections 2(7) and 7 of this administrative regulation, 301 KAR 2:075, and 301 KAR 3:120, a person shall not import, transport into Kentucky, or possess:

(a) Alligator snapping turtle (Macrochelys temminckii);

(b) Bats of any species that are native to Kentucky, including:

Big Brown Bat (Eptesicus fuscus);
Eastern Red Bat (Lasiurus borealis);
Eastern Small-footed Myotis (Myotis leibii);
Evening Bat (Nycticeius humeralis);
Gray Bat (Myotis grisescens);
Hoary Bat (Lasiurus cinereus);
Indiana Bat (Myotis sodalis);
Little Brown Bat (Myotis lucifugus);
Northern Long-eared Bat (Myotis septentrionalis);
Rafinesque's Big-eared Bat (Corynorhinus rafinesquii);
Seminole Bat (Lasiurus seminolus);
Silver-haired Bat (Lasionycteris noctivagans);
Southeastern Myotis (Myotis austroriparius);
Tricolored Bat (Perimyotis subflavus); and
Virginia Big-eared Bat (Corynorhinus townsendii virginianus);

(d) Bobcat (Lynx rufus);

(e) Copperbelly water snake (Nerodia erythrogaster neglecta);

(f) Cougar or mountain lion (Felis concolor);

(g) Hellbender (Cryptobranchus alleganiensis);

(h) Kirtland's Snake (Clonophis kirtlandii);

(i) Otter (Lontra canadensis);

(j) Rabies Vector Species:

Coyote (Canis latrans);
Gray fox (Urocyon cinereoargenteus);
Raccoon (Procyon lotor);
Red fox (Vulpes vulpes);
Spotted skunk (Spilogale putorius);
Striped skunk (Mephitis mephitis); or
Any hybrid of rabies vector species.

(k) Wild turkey (Meleagris gallopavo); or

(l) Wolf (Canis lupus).

(2) Except as established in Section 7 of this administrative regulation, a person may possess native wild rabbits of the Sylvilagus genus but shall not import or transport native wild rabbits of the Sylvilagus genus into Kentucky.

Section 7. Exemptions.

(1) Accredited facilities. A facility that is accredited by the Association of Zoos and Aquariums shall:

(a) Not be required to obtain a transportation or captive wildlife permit for native wildlife;

(b) Be allowed to import, transport, and possess federally endangered species and the prohibited species established in Section 6 of this administrative regulation for official zoo activities; and

(2) Commissioner's exemption.

(a) Upon written request, the commissioner shall consider an exemption for the importation or possession of the prohibited species listed in Section 6 of this administrative regulation for scientific or educational purposes.

(b) The commissioner shall only grant exemptions that promote and further the purposes of KRS Chapter 150.

A facility that is designated as the official zoo of a municipality;
A government agency conducting research or education at a permanent wildlife center; or
A college or university conducting research or education that fulfills a classroom requirement.

(3) Legally possessed prohibited species.

(a) A permit holder with a prohibited species legally possessed in Kentucky prior to April 4, 2023, may remain in possession of the animal through the life of the animal by microchipping any rabies vector species, bobcats, or otters and reporting the microchip number to the department by submitting a Native Prohibited Wildlife Report form by June 4, 2023.

(b) Prohibited species shall not be transferred to other persons, except if the permit holder predeceases the animal, in which case the animal may be transferred to another valid permit holder.

(d) A person who legally possesses prohibited wildlife shall not replace that wildlife after its death.

(e) Prohibited species possessed or imported into Kentucky shall be maintained within an enclosure sufficient to prevent:

Escape; and
Direct contact with the public.

Section 8. Confining Facilities.

(1) Except as established in 301 KAR 2:041, a cage, pen, or other enclosure for confining native wildlife shall be of sufficient structural strength to:

(a) Prevent the escape of the captive animal;

(b) Protect the caged animal from injury and predators; and

(2) A wing-clipped and pinioned bird may be kept in a suitable unroofed enclosure, even if wild birds of the same species may enter the enclosure.

(3) A person shall not maintain any native wildlife in captivity in an unsanitary or unsafe condition or in a manner that results in the maltreatment or neglect of that wildlife.

(4) Native wildlife shall not be confined in any cage or enclosure that does not meet the minimum cage specifications in Section 9 of this administrative regulation.

(5) A cage or enclosure shall be maintained as established in paragraphs (a) through (n) of this subsection.

(a) Clean drinking water shall be provided daily in clean containers.

(b) Swimming or wading pools shall be cleaned as needed to ensure good water quality.

(d) A captive mammal or bird shall be fed daily.

(e) Food shall be:

Of a type and quantity that meets the nutritional requirements for the particular species; and
Provided in an unspoiled and uncontaminated condition.

(f) Any feeding container shall be kept clean, and uneaten food shall be removed within a reasonable time.

(g) A shelter shall be provided for security and protection from inclement weather.

(h) Shade or an overhead structure shall be provided in warm seasons.

(i) Fecal and food waste shall be:

Removed from cage daily; and
Stored or disposed of in a manner that prevents noxious odors and insect pests.

(j) Any cage or enclosure shall be ventilated to prevent noxious odors.

(k) A hard floor within a cage or enclosure shall be cleaned a minimum of once per week.

(l) A cage or enclosure with a dirt floor shall be raked a minimum of once every three (3) days with the waste removed.

(m) Animals that are compatible may be held in the same enclosure. Each enclosure with compatible animals held in the same enclosure shall comply with the required floor space established in Section 9 of this administrative regulation.

(n) A common wall shall be constructed between animals that are not compatible so that the animals cannot interact.

Section 9. Minimum Enclosure Sizes and Associated Requirements for Stationary Facilities.

(1) Birds.

(a) A northern bobwhite older than fourteen (14) weeks shall be held in an enclosure that meets the requirements established in subparagraphs 1. through 3. of this paragraph.

An enclosure for a single northern bobwhite shall be a minimum of 100 square feet.
There shall be an increase of at least one (1) square foot per additional northern bobwhite.
A northern bobwhite may be held in a smaller breeding pen during the breeding season.

(b) A duck shall be held in an enclosure that meets the requirements established in subparagraphs 1. and 2. of this paragraph.

No more than two (2) pairs or one (1) pair and their offspring prior to first molt shall be confined to an area smaller than 100 square feet.
There shall be at least two (2) square feet of additional land space for each additional adult duck.

(c) A goose shall be held in an enclosure that meets the requirements established in subparagraphs 1. through 3. of this paragraph.

No more than two (2) pair or one (1) pair and their offspring prior to first molt shall be confined to an area smaller than 500 square feet.
There shall be a minimum of fifty (50) square feet of water that is two (2) feet or greater in depth.
There shall be at least 100 square feet of land and twenty-five (25) square feet of water surface for each additional adult goose.

(d) A ruffed grouse shall be held in an enclosure that meets the requirements established in subparagraphs 1. and 2. of this paragraph.

There shall be 200 square feet of floor space and an enclosure height of at least six (6) feet for five (5) or fewer birds.
There shall be an additional twenty (20) square feet of floor space for each additional bird.

(e) A raptor shall be held in an enclosure meeting the federal falconry standards described in 50 C.F.R. Part 21.29.

(2) Mammals.

(a) A bat shall be held in an enclosure that meets the requirements established in subparagraphs 1. through 3. of this paragraph.

A little brown bat, long-eared bat, and pipistrelle shall be held in an enclosure that is at least 6 ft. x 6 ft. x 6 ft.
An evening or red bat shall be held in an enclosure that is at least 8 ft. x 12 ft. x 8 ft.
A big brown or hoary bat shall be held in an enclosure that is at least 10 ft. x 20 ft. x 8 ft.

(b) Except as established in 301 KAR 2:041, a fox, bobcat, or raccoon shall be held in an enclosure that meets the requirements established in subparagraphs 1. and 2. of this paragraph.

A single animal enclosure shall be at least 8 ft. x 8 ft. x 6 ft.
There shall be at least thirty (30) square feet floor space for each additional animal.

(c) A coyote shall be held in an enclosure that meets the requirements established in subparagraphs 1. and 2. of this paragraph.

A single animal enclosure shall be at least 8 ft. x 8 ft. x 6 ft.
There shall be at least twenty-five (25) square feet floor space for each additional animal.

(d) A beaver or otter shall be held in an enclosure that meets the requirements established in subparagraphs 1. through 4. of this paragraph.

A single animal enclosure shall be at least 8 ft. x 12 ft. x 6 ft. with a 4 ft. x 6 ft. pool that is at least three (3) feet deep at one (1) end.
There shall be an increase in horizontal cage size and pool size by at least eight (8) square feet for each additional animal.
An otter shall have a slide and a dry place for sleeping and retreat.
A beaver shall be supplied with gnawing logs and a dry place for sleeping and retreat.

(e) A muskrat or mink shall be held in an enclosure that meets the requirements established in subparagraphs 1. through 3. of this paragraph.

A single animal enclosure shall be at least 6 ft. x 4 ft. x 3 ft. with a 2 ft. x 4 ft. pool that is at least two (2) feet deep at one (1) end.
There shall be an increase in horizontal cage size by at least eight (8) square feet and a pool size of at least two (2) square feet.
A muskrat shall have gnawing material.

(f) A gray squirrel, fox squirrel, or flying squirrel shall be held in an enclosure that meets the requirements established in subparagraphs 1. and 2. of this paragraph.

A single animal enclosure shall be 4 ft. x 4 ft. x 8 ft.
There shall be an increase in floor space by two (2) square feet for each additional animal.

(g) A skunk, opossum, rabbit, or woodchuck shall be held in an enclosure that meets the requirements established in subparagraphs 1. through 3. of this paragraph.

A single animal enclosure shall be at least 6 ft. x 8 ft. x 8 ft.
There shall be an increase in floor space by at least four (4) square feet for each additional animal.
A woodchuck shall have several gnawing logs approximately six (6) inches in diameter.

(h) A weasel shall be held in an enclosure that meets the requirements established in subparagraphs 1. and 2. of this paragraph.

A single animal enclosure shall be at least 3 ft. x 3 ft. x 3 ft.
There shall be an increase in floor space by three (3) square feet for each additional animal.

Section 10. Mobile Facility. A mobile facility used in transporting native wildlife shall meet the requirements established in subsections (1) through (5) of this section.

(1) The mobile facility shall be equipped to provide fresh air and adequate protection from the elements, without injurious drafts.

(2) The animal housing area shall be free of engine exhaust fumes.

(3) A cage shall be large enough to ensure that each animal has sufficient room to stand erect and lie naturally.

(4) The structural strength of the enclosure shall be sufficient to contain the live animals and to withstand the normal rigors of transportation.

(5) Native wildlife housed in a mobile facility for more than ten (10) days shall be housed in a cage that meets the minimum cage specifications established in Section 8 of this administrative regulation.

Section 11. Temporary Facility. Native wildlife housed in a temporary facility or exhibit shall be housed in a cage that meets the minimum cage specifications established in Section 8 of this administrative regulation if present in any geographical location for more than ten (10) days.

Section 12. Inspections and Access.

(1) A permit holder shall allow a game warden to inspect the holding facilities and the property on which the holding facilities are located at any reasonable time.

(2) A game warden shall immediately notify the permit holder if the inspection reveals a violation of any provision of this administrative regulation.

(3) A facility shall fail inspection if any deficiencies are found during the inspection or if the permit holder denies entry to the game warden at a reasonable time.

(4) An applicant who fails a facility inspection shall correct any deficiencies within ten (10) days of the failed inspection.

(5) A permit holder shall allow any department employee, accompanied by a game warden, to access the wildlife holding facilities and the property on which the holding facilities are located at any reasonable time to carry out the purposes of this administrative regulation.

Section 13. Permit Denial and Revocation.

(1) Denial. The department shall deny the issuance of a new permit, deny a renewal of an existing or lapsed permit, and confiscate wildlife of a person who:

(a) Is convicted of a violation of any provisions of:

KRS Chapter 150;
Any department regulation; or
Any federal statute or regulation related to hunting, fishing, or wildlife;

(b) Provides false information on a captive wildlife permit application, transportation permit application, certificate of veterinary inspection, federal quarantine certificate, request for commissioner's exemption, federal permits, reports, facility inspection, or records;

(c) Acquires wildlife prior to receiving an approved captive wildlife permit, transportation permit, or commissioner's exemption, except as established in Section 2(4) through (6) of this administrative regulation;

(d) Fails a facility inspection, as established in Section 12 of this administrative regulation; or

(e) Fails to comply with any provision of this administrative regulation, 301 KAR 2:041, 301 KAR 2:082, 301 KAR 2:084, 301 KAR 2:195, 301 KAR 2:230, or 301 KAR 2:251.

(2) Revocations.

(a) The department shall revoke the permit and confiscate wildlife, of a person who:

Is convicted of a violation of any provisions of:

a. KRS Chapter 150;

b. KAR Title 301; or

c. Any federal statute or regulation related to hunting, fishing, or wildlife;

Provides false information on a Captive Wildlife Permit Application, Transportation Permit Application, Certificate of Veterinary Inspection, federal Quarantine Certificate, request for commissioner's exemption, federal permits, reports, facility inspection, or records;
Acquires wildlife prior to receiving an approved captive wildlife permit, transportation permit, or commissioner's exemption, except as established in Section 2(4) through (6) of this administrative regulation;
Fails a facility inspection, as established in Section 12 of this administrative regulation; or
Fails to comply with any provision of this administrative regulation, 301 KAR 2:041, 301 KAR 2:082, 301 KAR 2:084, 301 KAR 2:195, 301 KAR 2:230, or 301 KAR 2:251.

(b) If a person's captive wildlife permit is revoked for one (1) facility, permits for all other facilities in their name shall be revoked.

(3) Denial period.

(a) An applicant for a captive wildlife permit, transportation permit, or commissioner's exemption whose permit or commissioner's exemption has been revoked or denied for the grounds established in this section shall be ineligible to reapply, and all applications denied for:

The initial denial period, for one (1) year;
A second denial period, for three (3) years; and
A third or subsequent denial period, for five (5) years;

(b) The department shall deny all Captive Wildlife Permit Applications for any facility in which a permit was denied or revoked, for the same period of time as the denial period, as established in paragraph (a) of this subsection.

(4) Commissioner's exemption.

(a) A commissioner's exemption shall be revoked for:

Failure to maintain wildlife in an enclosure sufficient to prevent escape and direct contact with the public;
Failure to comply with the requirements established in this administrative regulation; or
Any other reason necessary to protect public health, public safety, native ecosystems, or native wildlife.

(b) If an exemption is terminated, all prohibited species shall be immediately placed in an enclosure sufficient to prevent escape and direct contact with the public and removed from the state within forty-eight (48) hours.

(5) Confiscated wildlife.

(a) All captive wildlife shall be confiscated if a captive wildlife permit, transportation permit, or commissioner's exemption is revoked or denied or if a person possesses native wildlife without a valid captive wildlife permit, transportation permit, or commissioner's exemption, except as established in Section 2(4), (5), or (6) of this administrative regulation or in subsection (4)(b) of this section.

(b) Confiscated wildlife shall be released, transferred, or dispatched, except that rabies vector species shall be dispatched immediately.

(d) Upon being presented with a written order by the commissioner, a person, entity, or facility shall surrender wildlife to the department for processing and disposition pursuant to this administrative regulation.

(6) Administrative hearings.

(a) An individual whose permit has been denied or revoked may request an administrative hearing, which shall be conducted pursuant to KRS Chapter 13B.

(b) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or the revocation.

(c) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(d) The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order, pursuant to KRS Chapter 13B.

Section 14. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Captive Wildlife Permit Application and Checklist", 2025 edition;

(b) "Annual Transportation Permit Application", 2025 edition;

(d) "Native Prohibited Wildlife Report", 2022 edition; and

(e) "Facility Inspection Checklist", 2022 edition.

(a) https://fw.ky.gov/Licenses/Documents/Captive-Cervid-Permit-App.pdf for the "Captive Wildlife Permit Application";

(b) https://fw.ky.gov/Licenses/Documents/Annual-Trans-Permit-App.pdf for the "Annual Transportation Permit Application";

(c) https://fw.ky.gov/Licenses/Documents/Individual-Trans-Permit-App.pdf for the "Individual Transportation Permit Application";

(d) https://fw.ky.gov/Wildlife/Documents/nativeprohibitedreport.pdf for the "Native Prohibited Wildlife Report"; and

(e) https://fw.ky.gov/Wildlife/Documents/RehabLEInspectionChecklist.pdf for the "Facility Inspection Checklist".

History

RELATES TO: KRS 150.010, 150.015, 150.183, 150.190, 150.195, 150.235, 150.320, 150.330, 150.360, 150.370, 150.990, 258.065, 258.085
STATUTORY AUTHORITY: KRS 65.877, 150.025(1), 150.105, 150.180, 150.280, 50 C.F.R. 17.3, 21.29
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 65.877 authorizes local governments to regulate or prohibit inherently dangerous wildlife as identified by the Kentucky Department of Fish and Wildlife Resources and requires the department to establish procedures for denying or issuing a transportation permit. KRS 150.025(1) authorizes the department to promulgate administrative regulations for the buying, selling, or transporting of wildlife. KRS 150.105 authorizes the department to dispatch or bring under control any wildlife causing damage to persons, property, or other animals spreading disease and that should be eliminated to prevent further damage. KRS 150.180 authorizes the department to regulate the buying, selling, or transporting of protected wildlife. KRS 150.280 requires the department to promulgate administrative regulations to establish the procedures for the propagation and holding of protected wildlife. 50 C.F.R. 21.29 establishes the federal standards for holding raptors for falconry purposes. This administrative regulation establishes requirements for the buying, selling, holding, and transportation of live native wildlife.
History: 301 KAR 002:081. 20 Ky.R. 2926; eff. 6-2-94; Am. 29 Ky.R. 1015; 1529; eff. 12-18-2002; 30 Ky.R. 691; 1302; eff. 1-5-2004; 2340; eff. 7-14-2004; 31 Ky.R. 825; 1072; eff. 1-4-2005; 33 Ky.R. 2361; eff. 5-4-2007; 34 Ky.R. 2432; 35 Ky.R. 23, eff. 7-9-2008; 38 Ky.R. 1887; 39 Ky.R. 18; eff. 7-12-2012; 44 Ky.R. 1130, 1513; eff. 2-2-2018.; 49 Ky.R. 869, 1611; eff. 2-2-2023; 51 Ky.R. 977, 1437; eff. 5-6-2025; 52 Ky.R. 261; eff. 11-6-2025.

301 KAR 2:082 Transportation and holding of live exotic wildlife {#sec-301-kar-2-082 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:082}

Section 1. Definition. "Exotic wildlife" means wildlife species that have never naturally existed in the wild in Kentucky, including species introduced by man that have become naturalized.

Section 2. Transportation Permits and Certificates of Veterinary Inspection.

(1) Unless otherwise exempted or prohibited by this or another administrative regulation, a person shall apply for and obtain a valid transportation permit or permit authorization number from the department for all shipments of exotic wildlife prior to:

(a) Receiving a shipment of wildlife from outside of Kentucky;

(b) Importing exotic wildlife into Kentucky; or

(2) A copy of a valid transportation permit or permit authorization number shall accompany all shipments of wildlife into Kentucky.

(3) An individual transportation permit shall be valid for one (1) shipment of wildlife.

(4) An annual transportation permit shall be valid for multiple wildlife shipments for one (1) year from the date of issue.

(5) All shipments of wildlife, except for amphibians and reptiles, shall be accompanied by a:

(a) Certificate of veterinary inspection stating that the wildlife is free from symptoms of disease; or

(b) Federal quarantine certificate.

Section 3. Applying for Permits.

(1) A person shall apply for a transportation permit by completing the online application process at fw.ky.gov, or by submitting the necessary forms:

(a) For an individual transportation permit, an applicant shall submit a completed Individual Transportation Permit Application form; or

(b) For an annual transportation permit, an applicant shall submit a completed Annual Transportation Permit Application form.

(2) A permit holder shall be at least eighteen (18) years of age.

(3) An applicant shall submit a completed application established in subsection (1)(a) or (b) of this section along with the applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022 or 301 KAR 3:061.

(4) An annual transportation permit holder shall submit a revised Annual Transportation Permit Application to the department by mail to the address listed on the Annual Transportation Permit Application or by email at FWpermits@ky.gov for any amendments to the original application and shall not ship wildlife until a revised permit is issued by the department.

(5) A person importing, transporting, or possessing exotic wildlife shall be responsible for following all applicable federal and state laws and local ordinances regarding wildlife.

(6) A person with a valid falconry permit, as established in 301 KAR 2:195, shall not be required to possess a transportation permit for raptors held under the falconry permit.

(7) An applicant possessing, importing, or transporting into Kentucky from outside the state any federally protected migratory bird species, shall possess, and provide to the department, a valid United States Fish and Wildlife Service permit, except for persons or entities that meet the conditions listed in 50 C.F.R. 21.12 (a) and (b), 50 C.F.R. 21.13, and 50 C.F.R. 21.14.

(8) Federally endangered exotic species shall not be imported, transported into Kentucky, or possessed, except the Department of Fish and Wildlife Resources may allow importation, transportation, or possession of any exotic endangered species of wildlife pursuant to KRS 150.183 and 301 KAR 3:061.

Section 4. Prohibited Species.

(1) Except as established in Section 5 of this administrative regulation, a person shall not import, transport into Kentucky, or possess the following exotic wildlife that are considered potentially injurious to native ecosystems:

(a) Baya weaver (Ploceus philippinus);

(b) Blackbirds (Genus Agelaius), except native species;

(d) Cowbirds (Genus Molothrus), except native species;

(e) Cuckoo (Family Cuculidae), except native species;

(f) Dioch or red-billed quelea (Quelea quelea);

(g) European blackbird (Turdus merula);

(h) Fieldfare (Turdus pilaris);

(i) Flying fox or fruit bat (Genus Pteropus);

(j) Fox (Genus Cerdocyon, Genus Lycalopex, Genus Otocyon, Genus Urocyon, and Genus Vulpes);

(k) Gambian giant pouched rat (Cricetomys gambianus);

(l) Giant, marine, or cane toad (Rhinella marina);

(m) Hawaiian rice bird or spotted munia (Lonchura punctulata);[

(n) Java sparrow (Padda oryzivora);

(o) Madagascar weaver (Foudia madagascariensis);

(p) Mistle thrush (Turdus viscivorus);

(q) Monk or Quaker parakeet (Myiopsitta monachus);

(r) Multimammate rat (Genus Mastomys);

(s) Mute swan (Cygnus olor);

(t) Nutria (Myocastor coypus);

(u) Prairie dog (Cynomys spp.);

(v) Raccoon dog (Nyctereutes procyonoides);[

(w) Sky lark (Alauda arvensis);

(x) Song thrush (Turdus philomelus);

(y) Starling (Family Sturnidae), including pink starlings or rosy pastors (Sturnus roseus), except for Indian Hill mynahs (Gracula religiosa);

(z) Suricate or slender-tailed meerkat (Genus Suricata);

(aa) Tongueless or African clawed frog (Xenopus laevis);

(bb) Weaver finch (Genus Passer), except Passer domesticus;

(cc) White eyes (Genus Zosterops);

(dd) European rabbit (Oryctolagus cuniculus) that morphologically resembles wild European rabbits;

(ee) Yellowhammer (Emberiza citrinella); or

(ff) A member of the following families:

Suidae (pigs or hogs), except for domestic swine;
Viverridae (civets, genets, lingsangs, mongooses and fossas); or
Tayassuidae (peccaries and javelinas).

(2) Except as established in Sections 5 and 6 of this administrative regulation, a person shall not import, transport, or possess the following inherently dangerous exotic wildlife:

(a) Alligators or caimans (Family Alligatoridae);

(b) African buffalo (Syncerus caffer);

(d) Cheetah (Acinonyx jubatus);

(e) Clouded leopard (Neofelis nebulosa);

(f) Crocodiles (Family Crocodylidae);

(g) Elephants (Family Elephantidae);

(h) Gavials (Family Gavialidae);

(i) Gila monsters or beaded lizards (Family Helodermatidae);

(j) Hippopotamus (Hippopotamus amphibius);

(k) Honey badger or ratel (Mellivora capensis);

(l) Hyenas (Family Hyaenidae), including all species except aardwolves (Proteles cristatus);

(m) Komodo dragon (Varanus komodoensis);

(n) Lions, jaguars, leopards, or tigers (Genus Panthera);

(o) Lynx (Genus Lynx);

(p) Old world badger (Meles meles);

(q) Primates, nonhuman (Order Primates);

(r) Rhinoceroses (Family Rhinocerotidae);

(s) Snow leopard (Uncia uncia);

(t) Venomous exotic snakes of the families Viperidae, Atractaspididae, Elapidae, Hydrophidae, and Colubridae, except for hognose snakes (Genus Heterodon);

(u) Wolverine (Gulo gulo); or

(v) Hybrids of a species listed in this subsection.

(3) Except as established in subsection (1) of this section and Section 5 of this administrative regulation, a person may possess, but shall not import into or transport through Kentucky wild rabbits, hares, or pikas (Order Lagomorpha).

Section 5. Exemptions.

(1) A facility that is accredited by the Association of Zoos and Aquariums shall:

(a) Not be required to obtain a transportation permit for exotic wildlife;

(b) Be allowed to import, possess, and transport into Kentucky federally endangered species and the prohibited exotic species listed in Section 4 of this administrative regulation for official zoo activities; and

(2) Commissioner's exemption.

(a) Upon written request, the commissioner shall consider an exemption for importation, transportation into Kentucky, or possession of the prohibited species listed in Section 4 of this administrative regulation.

(b) The commissioner shall only grant exemptions that promote and further the purposes of KRS Chapter 150.

A facility that is designated as the official zoo of a municipality;
A college or university conducting research or education that fulfills a classroom requirement;
A lawfully operated circus only importing or possessing inherently dangerous exotic wildlife species that are not federally endangered, as listed in the Endangered and Threatened Species Act list, 50 C.F.R. 17.11;
A facility previously granted an exemption by the commissioner for the purpose of housing confiscated wildlife and serving as an animal holding facility as a service to the department; and
A facility previously granted a commissioner's exemption, as a licensed or accredited institute of education or research, that houses prohibited species at a permanent wildlife facility for educational or research purposes.

Section 6. Prohibited Species Requirements.

(1) Prohibited exotic species imported, transported into Kentucky, or possessed shall be maintained within an enclosure sufficient to prevent:

(a) Escape; and

(b) Direct contact with the public.

(2) A person shall obtain a valid transportation permit to temporarily transport into Kentucky a prohibited animal listed in Section 4(2) of this administrative regulation and shall not:

(a) Remain in Kentucky in excess of forty-eight (48) hours;

(b) Stop in Kentucky for exhibition purposes; or

(c) Sell, trade, gift, barter, offer for sale, trade, gift, barter, or profit in any way from a prohibited animal while in Kentucky.

(3) Except for Lynx, a person who legally possessed wildlife listed in Section 4(2) of this administrative regulation prior to July 13, 2005, may continue to possess the animal through the life of the animal and shall maintain:

(a) Veterinary records;

(b) Acquisition papers for the animal; or

(4) Lynx legally held in Kentucky prior to December 1, 2021, may be allowed to remain in possession of the owner through the life of the animal. The owner shall maintain:

(a) Veterinary records;

(b) Acquisition papers for the animal; or

(c) Any other evidence that establishes that the person legally possessed the animal in Kentucky prior to December 1, 2021.

(5) Without an exemption pursuant to Section 5 of this administrative regulation, a person who legally possesses wildlife pursuant to subsection (3) or (4) of this section shall not:

(a) Replace the wildlife after its death;

(b) Allow the wildlife to reproduce; or

(c) Transfer wildlife to other persons, except if the owner predeceases the animal, the animal may be transferred to another person with the approval of the department's Wildlife Division Director.

(6) If exotic wildlife listed in Section 4 of this administrative regulation escapes, the owner shall immediately contact local emergency services and the department at 800-252-5378 to report the escape.

(7) All bites, as established in KRS 258.065, or contact with applicable exotic animals that results in possible exposure to disease or zoonotic infection, shall be reported to the local county health department within twelve (12) hours.

(8) If an exotic mammal bites a person or a mammal shows symptoms of a rabies infection, the owner of the animal shall arrange for the animal to be killed in a manner as to preserve the brain intact, and the animal's head shall be submitted for testing immediately to a laboratory approved by the Secretary of the Cabinet for Health and Family Services to be tested for rabies, as established in 902 KAR 2:070, Section 5 and KRS 258.085(1)(c).

Section 7. Permit-exempt Animals. The following exotic animals shall not require permits from the department for importation, transportation into Kentucky, or possession:

(1) Alpaca (Vicugna pacos);

(2) American bison (Bison bison);

(3) Breeds and varieties of goats derived from the wild goat or bezoar (Capra hircus);

(4) Camel (Camelus bactrianus and Camelus dromedarius);

(5) Canary (Serinius canaria);

(6) Chinchilla (Chinchilla laniger);

(7) Cockatoo and cockatiel (family Cacatuidae);

(8) Domesticated races of ducks and geese (family Anatidae) morphologically distinguishable from wild ducks or geese;

(9) Domesticated races of the European rabbit (Oryctolagus cuniculus) morphologically distinguishable from wild European rabbits;

(10) Domesticated races of mink (Mustela vison), if:

(a) Adults are heavier than 1.15 kilograms; or

(b) The fur color can be distinguished from wild mink;

(11) Domesticated races of rats (Rattus norvegicus or Rattus rattus) or mice (Mus musculus);

(12) Domesticated races of turkeys (Meleagris gallopavo) recognized by the American Poultry Association and the U.S. Department of Agriculture, but shall not include captive held or bred wild turkeys;

(13) Domestic yak (Bos grunniens);

(14) Gerbil (Meriones unguiculatus);

(15) Guinea fowl (Numida meleagris);

(16) Guinea pig (Cavia porcellus);

(17) Hamster (Mesocricetus spp.);

(18) Indian Hill mynah (Gracula religiosa);

(19) Llama (Lama glama);

(20) Parrot, lovebird, budgerigar, macaw, parakeet (except monk parakeet, M. monachus) (families Psittacidae, Psittaculidae, and Psittrichasiidae);

(21) Peafowl (Pavo cristatus);

(22) Pigeon (Columba domestica or Columba livia) or domesticated races of pigeons;

(23) Ratite, as defined by KRS 247.870; and

(24) Toucan (family Rhamphastidae).

Section 8. Release. With the exception of pheasants and chukars, a person shall not release exotic wildlife into the wild.

Section 9. Inspections and Access.

(1) A person in possession of exotic wildlife, pursuant to a transportation permit or commissioner's exemption, shall allow a game warden to inspect the holding facilities at any reasonable time to carry out the purposes of this administrative regulation.

(2) A transportation permit or commissioner's exemption holder shall allow any department employee, accompanied by a game warden, to access the holding facilities at any reasonable time to carry out the purposes of this administrative regulation.

Section 10. Permit Denial and Revocation.

(1) Denial. The department shall deny the issuance of a new permit, or deny a renewal of an existing or lapsed permit, and may confiscate wildlife from a person who:

(a) Is convicted of a violation of any provisions of:

KRS Chapter 150;
301 KAR Chapters 1 through 5; or
Any federal statute or regulation related to hunting, fishing, or wildlife;

(b) Provides false information on a transportation permit application, certificate of veterinary inspection, federal quarantine certificate, request for commissioner's exemption, federal permits, reports, or records;

(c) Acquires wildlife prior to receiving a transportation permit, commissioner's exemption, or certificate of veterinary inspection, except as established in Sections 2(5), 3(7), 5(1), and 7 of this administrative regulation; or

(d) Fails to comply with any provision of this administrative regulation, 301 KAR 2:041, 301 KAR 2:081, 301 KAR 2:084, 301 KAR 2:195, 301 KAR 2:230, 301 KAR 2:251, 301 KAR 3:061, 302 KAR 20:020, 302 KAR 20:040, 50 C.F.R. 17, 50 C.F.R. 21, 18 U.S.C. 42 - 43, or 16 U.S.C. 3371 - 3378.

(2) Revocations.

(a) The department shall revoke a transportation permit or commissioner's exemption, and may confiscate wildlife, of a person who:

Is convicted of a violation of any provisions of:

a. KRS Chapter 150;

b. 301 KAR Chapters 1 through 5; or

c. Any federal statute or regulation related to hunting, fishing, or wildlife;

Provides false information on a transportation permit application, certificate of veterinary inspection, federal quarantine certificate, request for commissioner's exemption, federal permits, reports, or records;
Acquires wildlife prior to receiving a transportation permit or commissioner's exemption, except as established in Sections 3(7) and 5(1) of this administrative regulation; or
Fails to comply with any provision of this administrative regulation, 301 KAR 2:041, 301 KAR 2:081, 301 KAR 2:084, 301 KAR 2:195, 301 KAR 2:230, 301 KAR 2:251, 301 KAR 3:061, 302 KAR 20:020, 302 KAR 20:040, 50 C.F.R. 17, 50 C.F.R. 21, 18 U.S.C. 42-43, or 16 U.S.C. 3371-3378.

(b) A fee shall not be refunded for a permit that is revoked.

(3) Denial period. An applicant for a transportation permit or commissioner's exemption whose permit or commissioner's exemption has been revoked or denied for the grounds established in this section shall be ineligible to reapply, and all applications and commissioner's exemption requests shall be denied for:

(a) The initial denial period, for one (1) year;

(b) A second denial period, for three (3) years; and

(4) Commissioner's exemption.

(a) A commissioner's exemption shall be revoked for:

Failure to maintain wildlife in an enclosure sufficient to prevent escape and direct contact with the public;
Failure to abide by the provisions established in an exemption letter or this administrative regulation; or
Any other reason necessary to protect public health, public safety, native ecosystems, or native wildlife.

(5) Confiscated wildlife.

(a) All captive wildlife may be confiscated if a transportation permit or commissioner's exemption is revoked or denied, or if a person imports, transports into Kentucky, or possesses exotic wildlife without a valid transportation permit, commissioner's exemption, or certificate of veterinary inspection, except as established in Sections 2(5), 3(7), 5(1), and 7 of this administrative regulation.

(b) Wildlife that is confiscated, as established in this section, shall not be returned to the person, entity, or facility from which the wildlife was confiscated.

It is necessary to protect public safety, property, or wild or domesticated animals;
It is necessary to protect native ecosystems;
The wildlife is suffering from injury or illness; or
A facility legally capable and properly equipped to hold the wildlife is not readily available or economically feasible.

Section 11. Administrative Hearings.

(1) An individual whose permit has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

(2) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or the revocation.

(3) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(4) The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order, pursuant to KRS Chapter 13B.

Section 12. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Annual Transportation Permit Application", 2025 edition; and

(b) "Individual Transportation Permit Application", 2025 edition.

(a) https://fw.ky.gov/Licenses/Documents/Annual-Trans-Permit-App.pdf for the "Annual Transportation Permit Application"; and

(b) https://fw.ky.gov/Licenses/Documents/Individual-Trans-Permit-App.pdf for the "Individual Transportation Permit Application".

History

RELATES TO: KRS 13B, 150.010, 150.015, 150.183, 150.186, 150.195, 150.235,150.320, 150.330, 150.990, 258.065, 258.085
STATUTORY AUTHORITY: KRS 65.877, 150.025(1), 150.090, 150.105, 150.180, 150.280, 50 C.F.R. 17, 21, 16 U.S.C. 3371 – 3378, 18 U.S.C. 42 – 43
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 65.877 authorizes local governments to regulate or prohibit inherently dangerous wildlife as identified by the Kentucky Department of Fish and Wildlife Resources and requires the department to establish procedures for denying or issuing a transportation permit. KRS 150.025(1) authorizes the department to regulate the buying, selling, or transporting of wildlife. KRS 150.090 requires the department to appoint game wardens charged with the enforcement of this chapter. KRS 150.105 authorizes the department to destroy or bring under control any wildlife causing damage to persons, property, or other animals spreading disease and that should be eliminated to prevent further damage. KRS 150.180 authorizes the department to regulate the transportation and importation of wildlife into Kentucky. KRS 150.280 requires the department to promulgate administrative regulations establishing procedures for the holding of protected wildlife. 50 C.F.R. 21 establishes federal standards for holding migratory birds, including raptors. 50 C.F.R. 17 establishes federal standards for endangered and threatened wildlife. This administrative regulation establishes the procedures for obtaining a transportation permit for exotic wildlife, prohibits the importation and possession of exotic species with the potential to damage native ecosystems, and places restrictions on importing, transporting, and holding species that are potentially dangerous to human health and safety.
History: 301 KAR 002:082. 24 Ky.R. 427; Am. 869; eff. 10-8-1997; 29 Ky.R. 1016; 1530; eff. 12-18-2002; 30 Ky.R. 404; eff. 10-31-2003; 31 Ky.R. 1536; 1982; 32 Ky.R. 53, eff. 7-13-2005; 33 Ky.R. 2365; eff. 5-4-2007; 35 Ky.R. 340; 790; eff. 10-8-2008; 38 Ky.R. 1038; 1339; 1400; 1532; eff. 2-2-2012; 38 Ky.R. 1893; 39 Ky.R. 18; eff. 7-12-2012; 48 Ky.R.881, 2102, 2200; eff. 5-3-2022; 49 Ky.R. 876, 1616; eff. 2-2-2023; 51 Ky.R. 983, 1442; eff. 5-6-2025; 52 Ky.R. 267; eff. 11-6-2025.

301 KAR 2:083 Holding and intrastate transportation of captive cervids {#sec-301-kar-2-083 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:083}

Section 1. Definitions.

(1) "Approved laboratory" means:

(a) The National Veterinary Service Laboratory in Ames, Iowa; or

(b) Any other laboratory approved by the Administrator of the Animal and Plant Health Inspection Service of the United States Department of Agriculture.

(2) "Captive cervid" means a cervid that is privately owned, born, and raised in captivity, and not considered wildlife as established in KRS 150.010.

(3) "Captive cervid permit" means a permit issued by the Kentucky Department of Fish and Wildlife Resources that authorizes the holding of cervids in captivity, with the exception of shooting areas, which are permitted under 301 KAR 2:041.

(4) "Cervid" is defined by KRS 150.010(4).

(5) "Chronic Wasting Disease" or "CWD" means a transmissible spongiform encephalopathy found in cervids.

(6) "Flop tag" means a commercial plastic ear tag used to identify livestock.

(7) "Line post" means a post in a fence that is not a corner or end post.

(8) "Noncommercial captive cervid permit" means a permit issued prior to March 1, 2016, that allows a person to possess captive cervids that are not intended for sale, offered for sale, traded, or bartered.

Section 2. Fencing and Holding Requirements.

(1)

(a) An exterior fence shall:

Be at least eight (8) feet above ground level for its entire length: and
Consist of twelve and one-half (12 1/2) gauge woven wire, fourteen and one-half (14 1/2) gauge high-tensile woven wire, wood planks, or chain link.

(b) A single or double strand of barbed wire strung across the top to bring the total fence height to eight (8) feet shall be acceptable.

(c) Strands of barbed wire shall not be more than six (6) inches apart and shall not be more than five (5) inches from the top of the fencing, as established in this subsection and subsection (2) of this section.

(d) Spacing between vertical wires shall not exceed:

Six and one-half (6 1/2) inches for captive deer or species whose adult size is less than 400 pounds; and
Twelve (12) inches for captive elk or species whose adult size is 400 pounds or more.

(e) If two (2) woven wire fences are combined, one (1) above the other, the woven wire fences shall be overlapped at least six (6) inches and firmly attached to each other at intervals no greater than three (3) feet.

(f) The fence bottoms shall be installed to provide not more than three (3) inches of ground clearance.

(2) Right-of-way.

(a) Except as established in paragraph (b) of this subsection, the fence right-of-way shall be cleared for a distance of six (6) feet on each side.

(b) If the fence is a property boundary fence, the fence right-of-way shall be cleared for a distance of six (6) feet on the inside only.

(c) If dead timber with a height greater than the distance of the fence exists on the permittee's property, it shall be felled.

(3)

(a) Fence posts shall:

Extend a minimum of eight (8) feet above the ground; and
Be of sufficient strength to maintain the fence integrity.

(b) Pine wood posts shall be treated.

(d) T-posts shall be installed according to manufacturers' specifications.

(4) Line posts.

(a) Wooden line posts shall be a minimum of four (4) inches in diameter and shall not be spaced more than twenty-four (24) feet apart.

(b) Steel pipeline posts shall:

Be a minimum of two and three-eighths (2 3/8) inches in outside diameter;
Weigh a minimum of three (3) pounds per foot; and
Not be spaced more than twenty-four (24) feet apart.

A minimum of one and one-quarter (1.25) pounds per foot; and
Spaced no more than twenty (20) feet apart.

(d) If the woven wire is not high tensile, there shall be a wooden or steel pipe post every sixty (60) feet.

(5) Corner and end posts.

(a) Wooden corner and end posts shall be a minimum of five (5) inches in diameter.

(b) Steel pipe corner and end posts shall be a minimum of two and seven-eighths (2 7/8) inches in outside diameter.

(6) Gates shall be:

(a) Substantially constructed to meet the specifications of the fence; and

(b) Equipped with at least one (1) latching and one (1) locking device.

(7)

(a) Swinging water gaps and stream crossings shall be constructed to equal or exceed the standards of the fence.

(b) Crossings shall be adequate to prevent ingress and egress during high water.

For larger water gaps:

a. Swinging gates constructed to match the contour of the stream supported by cable or hinge; and

b. Pipe with swinging barrier;

For smaller water gaps:

a. Pipe with fixed mesh barrier; and

b. Heavy gauge woven barrier contoured to fit the gap.

(8) If topographic, natural, or other conditions exist that enable cervids to pass through, under, or over the fence, the permittee shall be required to supplement the fence with:

(a) Additional, stronger, or higher fence posts;

(b) Special grading;

(d) Other measures to prevent escape.

(9) Maintenance. The fence shall continuously be maintained in a game-proof condition.

(10) A noncommercial captive cervid permit holder shall:

(a) Separate all adult males and females with fencing as established in this section;

(b) Not allow breeding, either by natural or artificial insemination;

(d) Complete and submit to the department a Captive Cervid Annual Reporting Form by February 28 of each year;

(e) Report any cervid deaths to the department by telephone at 800-858-1549 within forty-eight (48) hours; and

(f) Submit tissue specimens of all captive cervids that die in the permit holder's facility to an approved laboratory for CWD testing.

Section 3. Capture and Handling Facilities.

(1) Except as established in subsection (2) of this section, each captive facility shall have a squeeze chute or crush that facilitates inspection, handling, or capture of an individual animal.

(2) If a permittee's facility does not have the handling or capture facilities established in subsection (1) of this section, the alternative shall be a dart gun or tranquilizer that immobilizes the animal.

Section 4. Tagging.

(1) Captive cervids shall be identified in accordance with the Kentucky Department of Agriculture's Chronic Wasting Disease program requirements established in 302 KAR 22:150.

(2) Except as established in subsection (3) of this section, captive cervids over six (6) months old shall be uniquely identified with a plastic flop tag in at least one (1) ear that is clearly visible and identifiable.

(3) Upon written request, the department shall approve one (1) of the alternatives for plastic flop tags established in paragraphs (a) through (c) of this subsection for bona fide zoos, nature centers, or similar educational institutions:

(a) Lip or ear tattoo;

(b) Microchip; or

Section 5. Ingress and Egress.

(1) The permit holder shall be responsible for immediately capturing or destroying escaped animals upon discovering their escape.

(2) If the permit holder is unable to capture an escaped animal within forty-eight (48) hours from discovering its escape, the permit holder shall report each escape to the department by telephone at 1-800-858-1549.

(3) The permit holder shall send a written report to the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, ATTN: Captive Cervid Permits, within ten (10) days, describing what escaped and the reason for the escape.

(4) The permit holder shall report known ingress of wild cervids into the enclosure by sending a written report to the department at the same address established in subsection (3) of this section.

(5) The department or any peace officer may seize, capture, or destroy escaped animals or those that have ingressed if necessary.

Section 6. Space Requirements.

(1) For species whose adult weight is less than 400 pounds, each individual animal shall be allowed at least 1,000 square feet of space.

(2) One (1) individual animal of a species whose adult weight is 400 pounds or more, shall require at least 1,500 square feet of space, with each additional animal requiring an additional 1,000 square feet of space.

Section 7. Prohibited Species. Except for cervids legally held prior to November 12, 2002, a captive cervid permit shall not be issued for the species established in subsections (1) through (4) of this section:

(1) Genus Cervus spp., except Cervus elaphus nelsoni;

(2) Genus Axis spp.;

(3) Roe deer (Capreolus and Capreolus pygarus); or

(4) Hybrids of any of the species named in subsections (1) through (3) of this section.

Section 8. Captive Cervid Permits.

(1) Permit application and issuance. An application for a new or renewed captive cervid permit shall be processed in accordance with the provisions of KRS 150.730.

(2) A captive cervid permit shall be valid only for the property and facility identified in the application and that is inspected as established in subsection (11) of this section. A cervid shall not be moved into a new or expanded facility until the facility has been issued a captive cervid permit by the department.

(3) Zoos and other facilities fully accredited by and in good standing with the American Zoo and Aquarium Association shall not be required to obtain or renew a captive cervid permit, but facilities not accredited by the American Zoo and Aquarium Association shall be required to obtain and renew a captive cervid permit.

(4) A captive cervid permit shall be required for a facility owned or leased by a person wishing to hold captive cervids.

(5) A new noncommercial captive cervid permit shall not be issued to a facility after February 28, 2016.

(6) All wild cervids shall be removed from the facility prior to initial inspection.

(7) A permit shall identify the species of cervids being held.

(8) Duration.

(a) A captive cervid permit shall be valid for one (1) year beginning March 1 through the last day of February and may be renewed annually upon payment of the annual fee, established in 301 KAR 5:022, and proof of compliance with all applicable statutes and administrative regulations.

(b) A noncommercial captive cervid permit shall be valid for three (3) years beginning March 1 through the last day of February and may be renewed every third year upon payment of the fee and proof of compliance with all applicable statutes and administrative regulations.

(9) A holder of a noncommercial captive cervid permit prior to March 1, 2016, shall be allowed to hold captive cervids for the life of the animals, after which the permit shall not be valid.

(10) Transfers. A captive cervid permit may be transferred if an existing and currently permitted facility is sold or leased to a person or entity who shall maintain and operate the facility pursuant to KRS 150.735(3).

(a) The original captive cervid permit holder who is transferring the permit shall be compliant with all provisions of this administrative regulation prior to transfer.

(b) Prior to transfer of the permit to a new owner or lessee, the facility shall be inspected for compliance as provided by subsection (11) of this section.

Apply for transfer of the existing captive cervid permit on a department Captive Cervid Permit Transfer Application form;
Attach a copy of the deed indicating change of ownership or the lease agreement between the parties conducting the transfer; and
Send all application materials to the department at #1 Sportsman's Lane, Frankfort, Kentucky 40601, ATTN: Captive Cervid Permits, within thirty (30) days after the inspection.

(d) A transferred captive cervid permit may be renewed by the new owner or lessee completing a Captive Cervid Permit Application.

(e) A noncommercial captive cervid permit shall not be transferred.

(11) Inspections.

(a) Before a captive cervid permit or noncommercial captive cervid permit is issued, renewed, or transferred, each facility or facility expansion shall pass an inspection that certifies it is in compliance with all applicable statutes and administrative regulations.

(b) Upon completion of a facility or facility expansion, or if a facility is to be sold or otherwise transferred, the permit applicant or holder shall notify the department to request an inspection that shall be conducted within thirty (30) days of receipt of the request.

(c) Each facility shall be inspected annually after issuance of a captive cervid permit or noncommercial captive cervid permit to certify and document that the facility is in compliance with this administrative regulation.

(d) A Captive Cervid Facility Inspection Form shall be completed by a department law enforcement captain, who shall then forward the original copy to department headquarters for processing.

(12) Revocation or suspension.

(a) The department shall issue a notice of violation in the form of a certified letter to a person who is not in compliance with this administrative regulation, 302 KAR 22:150, or a Kentucky statute pertaining to the holding of captive cervids.

(b) The department shall suspend the permit of a person who has received a notice of violation until the person complies with this administrative regulation and applicable statutes.

(c) The department shall issue a citation to a person who has failed to comply with this administrative regulation or applicable statutes within sixty (60) days from the date of the notice of violation.

(d) If convicted of a violation of this administrative regulation, the department shall:

Revoke the permit; and
Seize the captive cervids.

(e) A person who has a captive cervid permit revoked or suspended shall not, without the written approval of the department:

Transfer or expand the facility; or
Sell, offer to sell, trade, transport, hunt, or slaughter captive cervids that are housed in that facility.

(13) Appeal procedures. An individual whose request for a permit has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

(14) Expansions.

(a) A facility may be expanded and shall conform to the fencing specifications established in this administrative regulation.

(b) Facility expansions shall be adjacent and connected to the currently permitted facility.

(c) Cervids shall not be introduced into the expanded portion of a facility until that expansion has been inspected and approved by the department as established in subsection (11) of this section.

Section 9. Origin and Disposition of Captive Cervids.

(1) Cervids obtained from the wild shall only be held by a permitted wildlife rehabilitator pursuant to 301 KAR 2:075.

(2) Captive cervids shall not be released into the wild except for wild-born cervids released by a permitted wildlife rehabilitator pursuant to 301 KAR 2:075.

(3) Wild-born cervids held in captivity for rehabilitation purposes shall not:

(a) Be housed in the same pen or otherwise housed in direct physical contact with cervids that were born in captivity; and

(b) Be housed in a pen that has ever housed cervids that were born in captivity.

Section 10. Intrastate Movement of Cervids.

(1) Before a person may move a captive cervid within the state, an authorization number shall be obtained from the Kentucky Department of Agriculture pursuant to 302 KAR 22:150.

(2) A person transporting cervids shall have the authorization number issued by the Kentucky Department of Agriculture, and if applicable, the required health papers, in possession while transporting cervids.

Section 11. Selling Cervids. A permit holder who holds a captive cervid permit may sell live cervids, parts thereof, or products produced by captive cervids, if those animals were not obtained from the wild in Kentucky.

Section 12. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Captive Cervid Permit Application", May 2025 edition;

(b) "Captive Cervid Permit Transfer Application", June 2025 edition;

(d) "Captive Cervid Annual Reporting Form", 2017 edition.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Department of 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://fw.ky.gov/Wildlife/Documents/Captive_Cervid_Permit_Application_Form.pdf for the "Captive Cervid Permit Application";

(b) https://fw.ky.gov/Wildlife/Documents/CaptiveCervidPermitTransferForm.pdf for the "Captive Cervid Permit Transfer Application";

(c) https://fw.ky.gov/Wildlife/Documents/CaptiveCervidInspectionForm.pdf for the "Captive Cervid Facility Inspection Form"; and

(d) https://fw.ky.gov/Wildlife/Documents/Captive-Cervid-Ann-Rpt-Form.pdf for the "Captive Cervid Annual Reporting Form".

History

RELATES TO: KRS 13B, 150.010(42), 150.290, 150.725, 150.730, 150.735, 150.740
STATUTORY AUTHORITY: KRS 150.025(1), 150.280, 150.720, 150.730, 150.735
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to regulate the buying, selling, or transportation of wildlife. KRS 150.280 requires the department to promulgate administrative regulations relating to propagating and holding of wildlife. KRS 150.720 requires the department to promulgate administrative regulations pertaining to the importation and holding of cervids, including privately-owned and farm-raised cervids. KRS 150.730 authorizes the department to issue or deny permits to hold captive cervids. KRS 150.735 authorizes the department to promulgate administrative regulations relating to the expansion of captive cervid facilities and the transfer of permits. This administrative regulation establishes the requirements for holding and intrastate transporting of cervids in Kentucky.
History: 301 KAR 002:083. 29 Ky.R. 1162; Am. 1531; eff. 12-18-2002; 30 Ky.R. 407; 1305; 1505; eff. 1-5-2004; 33 Ky.R. 882; 1294; eff. 11-8-2006; 42 Ky.R. 1604; 2059; eff. 2-5-2016; 43 Ky.R. 1850; eff. 7-6-2017; 50 Ky.R. 731, 1259; eff. 2-22-2024; 52 Ky.R. 272, 723; eff. 11-6-2025.

301 KAR 2:084 Importation of game birds {#sec-301-kar-2-084 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:084}

Section 1. Definition. "Game bird" means quail, pheasant, chukar, grouse, waterfowl, or other avian species normally imported for propagation or for the purpose of hunting, shooting, training, or field trial activities.

Section 2. Importation of Game Birds.

(1) Before any live game bird is imported into Kentucky, a person shall obtain a valid transportation permit or permit authorization number from the department as established in 301 KAR 2:081.

(2) A transportation permit shall not be required for the importation of any live game bird by a facility that is accredited by the American Zoo and Aquarium Association.

Section 3. Applying for Permits.

(1) A person shall apply for a transportation permit as established in 301 KAR 2:081.

(2) The applicant shall be responsible to ensure that the shipment is in compliance with the Department of Agriculture's entry and avian influenza health requirements established in 302 KAR 20:020, 20:040, and 20:250.

History

RELATES TO: KRS 150.280, 150.290
STATUTORY AUTHORITY: KRS 150.025(1), 150.180(6), 150.280
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations establishing requirements for buying, selling, or transporting protected wildlife. KRS 150.180(6) requires the department to regulate the importation of wildlife into Kentucky. KRS 150.280 requires the department to promulgate administrative regulations establishing procedures for the holding of protected wildlife. This administrative regulation establishes the procedures for obtaining a transportation permit for the importation of certain game bird species into Kentucky to prevent the introduction and spread of the avian influenza virus into Kentucky.
History: 29 Ky.R. 1165; Am. 1533; eff. 12-18-2002; 33 Ky.R. 2368; 3164; eff. 5-4-2007; 38 Ky.R. 1898; 39 Ky.R. 27; eff. 7-12-2012; 48 Ky.R. 881; eff. 11-17-2021.

301 KAR 2:090 Means by which migratory game birds may be taken {#sec-301-kar-2-090 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:090}

Section 1. Definitions.

(1) "Baited area" means any area where shelled, shucked, or unshucked corn; wheat or other grain; salt; or other feed capable of luring, attracting, or enticing migratory game birds is directly or indirectly, placed, exposed, deposited, distributed, or scattered.

(2) "Baiting" means the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn; wheat or other grain; salt; or other feed so as to constitute for migratory game birds a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to take them.

Section 2. Prohibited Hunting Methods.

(1) Migratory birds for which open seasons are prescribed may be taken by any method except those prohibited in this section.

(2) Migratory game birds and migratory waterfowl shall not be taken:

(a) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than ten (10) gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance;

(b) With a shotgun of any description capable of holding more than three (3) shells, unless it is plugged with a one (1) piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three (3) shells, except that this restriction shall not apply during the light geese conservation order season;

(c) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;

(d) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind;

(e) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off or the sails furled, and its progress has ceased, except that a craft under power may be used to retrieve dead or crippled birds. Crippled birds shall not be shot from a craft under power;

(f) By the use or aid of live birds as decoys;

(g) On an area where tame or captive live ducks or geese are present, unless the birds are and have been for a period of ten (10) consecutive days prior to the taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals the birds from the sight of wild migratory waterfowl;

(h) By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds, except that this restriction shall not apply during the light geese conservation order season;

(i) By the means or aid of any motor-driven land, water, or air conveyance or any sailboat used for the purpose of or resulting in the concentration, driving, rallying, or stirring up of any migratory bird; or

(j) By the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the area is or has been baited, except that this paragraph shall not prohibit:

The taking of all migratory game birds, including waterfowl, on or over standing crops or flooded standing crops, including:

a. Aquatics;

b. Flooded harvested croplands;

c. Grain crops properly shocked on the field where grown; or

d. Grains found scattered solely as the result of normal agricultural planting or harvesting; and

The taking of all migratory game birds, except waterfowl, on or over any lands where baiting has occurred as the result of:

a. Bona fide agricultural operations or procedures; or

b. Manipulation of a crop or other feed on the land where grown for wildlife management purposes, if manipulation for wildlife management purposes does not include the distribution or scattering of grain or other feed once it has been removed from or stored on the field where grown.

(3) A baited area shall remain a baited area for ten (10) days following complete removal of all corn, wheat or other grain, salt, or other feed.

Section 3. Shot Requirements. A person hunting waterfowl shall not use or possess a shotgun shell:

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

(2) Containing:

(a) Lead shot;

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

Section 4. Transporting, Importing and Exporting.

(1) Migratory game birds lawfully killed and possessed in accordance with the hunting laws and administrative regulations of any foreign country, any state in the United States, or subdivision of a state, shall be imported, exported, or transported in accordance with the provisions specified in 50 C.F.R. Part 20.

(2) A person shall not transport within the United States any migratory game birds, except doves, unless the head or one (1) fully feathered wing remains attached to each bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a commercial preservation facility.

Section 5. Tagging and Recordkeeping Requirements.

(1) A person shall not put or leave any migratory game birds at any place, other than at his or her personal abode, or in the custody of another person, for picking, cleaning, processing, shipping, transportation, or storage, including temporary storage, or for the purpose of having taxidermy services performed, unless the birds have a tag attached, signed by the hunter, stating his:

(a) Address;

(b) The total number and species of birds; and

(2) Migratory game birds being transported in any vehicle as the personal baggage of the possessor shall not be considered as being in storage or temporary storage.

(3) A person shall not receive, or have in custody, any migratory game birds belonging to another person unless the birds are tagged as required under subsection (1) of this section.

(4) A person shall not transport migratory game birds belonging to another person unless the birds are tagged as required under subsection (1) of this section.

Section 6. Commercial Frozen Food Lockers.

(1) A commercial frozen food locker shall receive or have in custody any migratory game birds unless the birds are tagged as required in Section 5(1) of this administrative regulation.

(2) A commercial frozen food locker shall not:

(a) Receive or have in custody any migratory game birds unless accurate records are maintained showing:

The number of each species;
The date the birds were received;
The name and address of the person from whom the birds were received;
The date the birds were disposed of; and
The name and address of the person to whom the birds were delivered.

(b) Destroy any records required to be maintained under this section for a period of one (1) year following the last entry on the record.

(c) Prevent any person authorized to enforce this administrative regulation from entering the facility at all reasonable hours and inspecting the records and the premises where the operations are being carried on.

Section 7. Wanton Waste Law. A person shall not kill or cripple any migratory game bird pursuant to this administrative regulation without making a reasonable effort to retrieve the bird and include it in his daily bag limit.

History

RELATES TO: KRS 150.010, 150.025(1), 150.305(3), (4), 150.330, 150.360(2)
STATUTORY AUTHORITY: 150.025(1), 150.305(3), (4), 150.360(2), 150.600, 50 C.F.R. 20, 21
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Department of Fish and Wildlife to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits, and to implement or carry out the purposes of KRS Chapter 150. KRS 150.305(1) authorizes the department to promulgate administrative regulations concerning possession of wildlife protected by KRS Chapter 150. KRS 150.305(3) requires the possession of migratory birds to be governed by federal regulations. KRS 150.305(4) authorizes the commissioner, or his or her designee, to inspect commercial frozen food lockers. KRS 150.360(2) 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 the frameworks established by 50 C.F.R. Parts 20 and 21.
History: KFWR-G-102; 1 Ky.R. 732; eff. 5-14-1975; Cert eff. 2-25-2020; 46 Ky.R. 1016, 1830; eff. 3-3-2020; 49 Ky.R. 77, 765; eff. 10-20-2022; 49 Ky.R. 77, 765, 1819; eff. 6-8-2023.

301 KAR 2:095 Importation, possession, and transportation of wildlife meat, carcasses, and parts {#sec-301-kar-2-095 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:095}

Section 1. Definitions.

(1) "Cervid" means deer, elk, moose, caribou, reindeer, and related species and hybrids of these species, including all members of the Cervidae family and hybrids of this family.

(2) "Chronic Wasting Disease" or "CWD" means a transmissible spongiform encephalopathy found in cervids.

(3) "CWD Surveillance Zone" means an area designated as being subject to special cervid regulations due to a CWD positive cervid detection.

(4) "Import" means to bring goods into the state of Kentucky from another state, except for transportation of goods through Kentucky from outside the state.

(5) "Lagomorph" means wild rabbits, hares, and pikas, and related species and hybrids of these species, including all wild members of the Order Lagomorpha and hybrids of this order.

Section 2. Importation and Transportation of Cervid Meat, Carcasses, and Parts.

(1) A person importing a cervid carcass or carcass parts shall only possess the items of a legally harvested cervid listed in paragraphs (a) through (g) of this subsection:

(a) Deboned meat, excluding brain matter;

(b) Antlers;

(d) A skull having no meat matter or tissue attached;

(e) Upper canine teeth having no meat matter or tissue attached;

(f) A finished taxidermy product; or

(g) The hide.

(2) A person shall not transport a cervid carcass or carcass parts through Kentucky from outside the state except those parts permissible for import, unless the carcass or carcass parts that are non-permissible for import are transported in a leak and spill-proof container and the contents are not permitted to be deposited or disposed of within the state.

(3) Transportation of cervid carcasses or carcass parts out of a CWD Surveillance Zone. All persons in possession of or transporting a cervid carcass or carcass parts originating from a CWD Surveillance Zone shall only transport the following carcass parts out of the CWD Surveillance Zone:

(a) Deboned meat, excluding brain matter;

(b) Antlers;

(d) A skull having no meat matter or tissue attached;

(e) Upper canine teeth having no meat matter or tissue attached;

(f) A finished taxidermy product; or

(g) The hide.

(4) An individual who engages in the act of taxidermy or processing of cervid meat who accepts an imported cervid carcass or carcass parts prohibited by subsection (1) or subsection (3) of this section shall:

(a) Contact the law enforcement division of the department within forty-eight (48) hours after accepting the cervid carcass or carcass parts;

(b) Provide to the department the hunter's:

Name; and
Address; and

Section 3. Importation of Wild Lagomorph Meat, Carcasses, and Parts.

(1) A person shall only import a completely skinned and fully eviscerated carcass, quarters, or deboned meat of a legally harvested wild Lagomorph.

(2) A person shall not transport wild Lagomorph meat, carcasses, or carcass parts through Kentucky from outside the state, except those parts permissible for import, unless the carcass or carcass parts that are non-permissible for import are transported in a leak and spill-proof container and the contents are not permitted to be deposited or disposed of within the state.

History

RELATES TO: KRS 150.180, 150.280, 150.290
STATUTORY AUTHORITY: KRS 150.025(1)(c), 150.720(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(c) authorizes the Department of Fish and Wildlife to promulgate administrative regulations governing the buying, selling, or transporting of wildlife. KRS 150.720 requires the department to promulgate administrative regulations concerning health requirements, eradication of diseases, importation, unique individual identifiers, and the responsibility of a person who imports a diseased animal into the Commonwealth, in violation of statute or administrative regulation, for all costs incurred in the investigation, response, and eradication of a disease. This administrative regulation establishes procedures for the importation, possession, and transportation of specified wildlife carcasses or carcass parts.
History: 29 Ky.R. 3001; eff. 8-13-2003; 37 Ky.R. 2682; eff. 8-4-2011; 42 Ky.R. 2819; eff. 7-19-2016; 45 Ky.R. 2432; eff. 5-3-2019; 49 Ky.R. 79, 766; eff. 10-20-2022.

301 KAR 2:111 Deer and turkey hunting on special areas {#sec-301-kar-2-111 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:111}

Section 1. General Requirements.

(1) Unless otherwise stipulated in this administrative regulation, the provisions of 301 KAR 2:172 and 2:140 shall apply.

(2) Except on the Daniel Boone National Forest, the Jefferson National Forest, the Big South Fork National River and Recreation Area, and Hidden Valley Training Area, on the areas listed in this administrative regulation, a hunter shall:

(a) Obtain a permit from the area before hunting;

(b) Not hunt deer or turkey except on assigned hunting dates;

(d) Unless otherwise specified in this administrative regulation, tag deer with area tags issued on the area;

(e) Keep the area tag attached to the deer until the carcass is processed; and

(f) Check deer at a designated check station before leaving the area.

(3) Land Between the Lakes, Fort Campbell, Fort Knox, Bluegrass Army Depot, Reelfoot National Wildlife Refuge, Clark's River National Wildlife Refuge, Ohio River Islands National Wildlife Refuge, the Daniel Boone National Forest, the Jefferson National Forest, the Big South Fork National River and Recreation Area, the Wendell H. Ford Regional Training Center, and the Hidden Valley Training Center may allow firearm, crossbow, or archery hunting for antlered or antlerless deer from September 1 through January 31.

(4) Land Between the Lakes, Fort Campbell, Fort Knox, Bluegrass Army Depot, and the Wendell H. Ford Training Center may permit turkey hunting up to twenty-three (23) days between the last Saturday in March and the second Saturday in May.

(5) Land Between the Lakes, Fort Campbell, Fort Knox, Bluegrass Army Depot, and the Wendell H. Ford Training Center may permit firearm turkey hunting between October 15 and January 31, and archery or crossbow turkey hunting from the first Saturday in September through the third Monday in January.

(6) Use of tree stands.

(a) On a special area, a person may use portable stands and climbing devices that do not injure trees.

(b) On a special area, a person shall:

Not use nails, spikes, screw-in devices, wire, or tree climbers for attaching tree stands or for climbing trees;
Not use an existing permanent tree stand;
Not place a portable stand in a tree more than two (2) weeks prior to the opening day, and shall remove it within one (1) week following the last day of each hunting period; and
Plainly mark the portable stand with the hunter's name and address.

Section 2. Land Between the Lakes.

(1) A person shall not take more than:

(a) Two (2) deer during archery hunts, as stipulated by the USDA Forest Service;

(b) One (1) deer during quota hunts;

(d) One (1) turkey with a visible beard during the spring turkey quota hunt.

(2) Quota hunters shall:

(a) Apply in advance at Land Between the Lakes; and

(b) Abide by the shooting hours of one-half (1/2) hour before sunrise until one-half (1/2) hour after sunset.

(3) A person harvesting deer or turkey shall:

(a) Check the carcass as required by the USDA Forest Service;

(b) Affix a Land Between the Lakes game check card as required by the USDA Forest Service; and

Section 3. Fort Campbell.

(1) Turkey, either sex:

(a) Deer archery hunters may take turkey; and

(b) A turkey taken at Fort Campbell shall be a bonus bird that shall not count toward a hunter's statewide bag limit.

(2) White turkey.

(a) A person may take one (1) white turkey of either sex during open Fort Campbell hunting seasons.

(b) Statewide and post limits and tagging requirements shall not apply to white turkey.

Section 4. Reelfoot National Wildlife Refuge.

(1) Bag limits.

(a) Zone 1 limits apply during the open archery hunt; and

(b) A person shall not take more than two (2) deer by firearms, only one (1) of which shall be antlered.

(2) Tagging and checking deer.

(a) A quota hunter shall tag deer with a tag issued by Reelfoot National Wildlife Refuge.

(b) Quota hunters shall comply with the check-in requirements of Reelfoot National Wildlife Refuge.

(c) An archery hunter shall take deer using the appropriate statewide or bonus antlerless deer permit and check harvested deer through the state telephone check system.

Section 5.

(1) Bluegrass Army Depot. A person shall not:

(a) Take an antlered deer whose outside antler spread is less than fifteen (15) inches, or

(b) Use bait, feed, minerals, or other attractants.

(2) A turkey taken at the Bluegrass Army Depot shall be a bonus bird that shall not count toward a hunter's statewide bag limit.

Section 6. Fort Knox.

(1) A person shall not take an antlered deer whose outside antler spread is less than twelve (12) inches; and

(2) A turkey taken at Fort Knox shall be a bonus bird that shall not count toward a hunter's statewide bag limit.

Section 7. Hidden Valley Training Area. A person shall not:

(1) Hunt turkeys;

(2) Hunt deer using a firearm; or

(3) Use bait, feed, minerals, or other attractants.

Section 8. Daniel Boone National Forest and Jefferson National Forest. A person shall not use bait, feed, minerals, or other attractants.

History

RELATES TO: KRS 150.025(1), 150.170, 150.370, 150.390
STATUTORY AUTHORITY: KRS 150.025(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations relating to game and fish, including seasons, limits, and areas where taking is allowed. This administrative regulation establishes deer and turkey hunting season frameworks and hunting procedures on special areas.
History: 6 Ky.R. 549; eff. 6-4-1980; Am. 7 Ky.R. 831; eff. 6-3-1981; 8 Ky.R. 1159; eff. 6-2-1982; 9 Ky.R. 1233; eff. 6-1-1983; 10 Ky.R. 1169; eff. 6-28-1984; 12 Ky.R. 25; eff. 8-13-1985; 1841; eff. 7-2-1986; 13 Ky.R. 2031; eff. 7-2-1987; 14 Ky.R. 2042; eff. 7-1-1988; 15 Ky.R. 2418; eff. 7-26-1989; 16 Ky.R. 2700; eff. 7-11-1990; 18 Ky.R. 309; 682; eff. 8-28-1991; 3498; eff. 7-22-1992; 19 Ky.R. 2675; eff. 7-21-1993; 20 Ky.R. 3225; eff. 7-27-1994; 21 Ky.R. 3064; eff. 7-12-1995; 22 Ky.R. 2325; 23 Ky.R. 430; eff. 8-1-1996; 24 Ky.R. 138; 567; eff. 9-10-1997; 25 Ky.R. 2934; eff. 8-16-1999; 27 Ky.R. 202; 746; eff. 8-24-2000; 2872; eff. 6-8-2001; 28 Ky.R. 2644; eff. 8-12-2002; 29 Ky.R. 789; eff. 11-13-2002; 29 Ky.R. 789; 2129; eff. 4-11-2003; 2960; eff. 8-13-2003; 30 Ky.R. 2554; eff. 8-26-2004; 31 Ky.R. 828; eff. 1-4-2005; 31 Ky.R. 1704, eff. 6-8-2005; 32 Ky.R. 2094; eff. 7-12-2006; 34 Ky.R. 2435, eff. 7-9-2008; 35 Ky.R. 2349; 2670; eff. 7-6-2009; 48 Ky.R. 140; eff. 11-17-2021.

301 KAR 2:122 Seasons, methods, and limits for small game {#sec-301-kar-2-122 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:122}

Section 1. Definitions.

(1) "Eastern Zone" means the third through the ninth wildlife districts as established in 301 KAR 4:010.

(2) "Grouse Zone" means the area consisting of Adair, Bath, Bell, Boyd, Bracken, Breathitt, Campbell, Carter, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Greenup, Harlan, Harrison, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Mason, Menifee, Montgomery, Morgan, Nicholas, Owsley, Pendleton, Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe Counties.

(3) "Modern gun deer season" means the season as established in 301 KAR 2:172.

(4) "Rabbit" means an eastern cottontail rabbit, swamp rabbit, or Appalachian cottontail rabbit.

(5) "Small game" means squirrels, rabbits, northern bobwhite, or ruffed grouse.

(6) "Squirrel" means a gray squirrel or fox squirrel.

(7) "Western Zone" means the first and second wildlife districts as established in 301 KAR 4:010.

Section 2. Methods of Harvest for Small Game.

(1) A person shall use any of the following to take small game:

(a) Rimfire gun or rimfire handgun;

(b) Shotguns no larger than 10-gauge;

(d) .410-gauge handgun;

(e) Bow and arrow;

(f) Crossbow;

(g) The following caliber air-guns with pellets:

.177;
.20;
.22; or
.25;

(h) Slingshot with manufactured hunting ammunition;

(i) Dogs;

(j) Falconry, pursuant to 301 KAR 2:195; or

(k) Trapping, pursuant to Section 5 of this administrative regulation, for:

Rabbits; or
Squirrel.

(2) A person shall not use the following to take small game:

(a) A shotgun shell containing a shot size larger than number two (2); or

(b) Single projectile shotgun ammunition.

Section 3. Small Game Hunting Seasons.

(1) Except as established in 301 KAR 2:049, a person shall not take small game except during the dates specified in this section.

(2) Small game taken by falconry: September 1 through March 30.

(3) Squirrel:

(a) The third Saturday in May through the third Sunday in June; and

(b) The third Saturday in August through the last day of February, except the season shall be closed during the first two (2) days of modern gun deer season.

(4) Rabbit and northern bobwhite:

(a) Western Zone: the third day of modern gun deer season through February 10.

(b) Eastern Zone: November 1 until January 31, except the season shall be closed during the first two (2) days of modern gun deer season.

(5) Ruffed Grouse: November 1 through the last day of February in the Grouse Zone, except the season shall be closed during the first two (2) days of modern gun deer season.

(6) There shall not be a closed season for chasing rabbits during daylight hours for sport and not to kill.

(7) Free youth week. For seven (7) consecutive days beginning on the Saturday after Christmas, a youth may take small game without a hunting or trapping license, but shall be in compliance with all other statewide requirements.

Section 4. Limits and Other Requirements.

(1) The small game possession limits shall be twice the daily bag limits.

(2) Daily bag limits:

(a) Squirrel: six (6);

(b) Rabbit: four (4);

(d) Ruffed grouse: four (4).

(3) A falconer hunting outside any of the dates specified in Section 3(3) and (4) of this administrative regulation shall not take more than two (2) small game animals per day.

(4) A person shall hunt small game during daylight hours only.

Section 5. Trapping for Squirrel and Rabbit. A person trapping for squirrel or rabbit shall:

(1) Comply with the requirements established in 301 KAR 2:251;

(2) Only trap when the small game hunting season and trapping season overlap;

(3) Possess a trapping license;

(4) Comply with daily bag and possession limits pursuant to Section 4 of this administrative regulation; and

(5) Harvest squirrel and rabbits upon capture, except for a person possessing a valid captive wildlife permit, pursuant to 301 KAR 2:081.

History

RELATES TO: KRS 150.340, 150.360, 150.370, 150.990
STATUTORY AUTHORITY: KRS 150.025(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations to establish seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply to a limited area. This administrative regulation establishes seasons, bag limits, and methods of take for small game.
History: 33 Ky.R. 2831; eff. 6-13-2007; 34 Ky.R. 2437; eff. 7-9-2008; 37 Ky.R. 1752; eff. 4-1-2011; 39 Ky.R. 2064; eff. 6-6-2013; 42 Ky.R. 1919; eff. 3-4-2016; 42 Ky.R. 2820; 43 Ky.R. 20; eff 7-19-2016; 50 Ky.R. 2101; eff. 7-18-2024.

301 KAR 2:130 Beaver bounty {#sec-301-kar-2-130 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:130}

Section 1. Beaver for Bounty Season. When the department is requested by a county fiscal court to pay a beaver bounty, it shall be lawful for properly licensed persons to take beaver anytime by only those methods authorized by statute until such bounty is rescinded by declaration of said fiscal court. This administrative regulation is effective notwithstanding and existing administrative regulations specifying seasons for the taking of beaver.

Section 2. Bounty Payments and Invalidating Tails.

(1) Bounty payments. Persons taking beaver from a declared bounty county, shall present the whole beaver tail to the conservation officer of the county in which taken. The conservation officer shall authorize the bounty payment by issuing a "Beaver Bounty Payment Authorization Form." This form may be redeemed for ten (10) dollars by appearing in person or mailing to the Department of Fish and Wildlife Resources, Frankfort, Kentucky 40601.

(2) Invalidating beaver tails. Beaver tails presented for bounty payment shall be invalidated by splitting lengthwise into two (2) pieces, properly accounted for and disposed of under the supervision of the applicable wildlife district supervisor.

Section 3. Sale and Marking of Beaver Pelts. Beaver pelts taken from declared bounty counties outside of the regular trapping season, may be sold at any time if they are properly tagged by the conservation officer of the county in which taken.

History

RELATES TO: KRS 150.010, 150.025, 150.120, 150.170, 150.175, 150.180, 150.305, 150.330, 150.360, 150.365, 150.390, 150.399, 150.400, 150.410, 150.415, 150.425
STATUTORY AUTHORITY: KRS 13A.350, 150.025
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is necessary to establish a beaver bounty system in counties that request same through a resolution from the fiscal court. Its function is to provide for methods of taking beaver and payment of the bounty.
History: 4 Ky.R. 625; eff. 8-2-78; Crt eff. 2-5-2020.

301 KAR 2:132 Elk hunting seasons, permits, zones, and requirements {#sec-301-kar-2-132 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:132}

Section 1. Definitions.

(1) "Antlered elk" means an elk having visible polished antler protruding above the hairline.

(2) "Antlerless elk" means an elk without visible polished antler protruding above the hairline.

(3) "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.

(4) "Bait":

(a) Means a substance composed of grains, minerals, salt, fruits, vegetables, hay, or any other food materials, whether natural or manufactured, that could lure, entice, or attract wildlife; and

(b) Does not mean the establishment and maintenance of plantings for wildlife, foods found scattered solely as the result of normal agricultural planning or harvesting practices, foods available to wildlife through normal agricultural practices of livestock feeding if the areas are occupied by livestock actively consuming the feed on a daily basis, or standing farm crops under normal agricultural practices.

(5) "Crossbow" means a bow designed or fitted with a device to hold an arrow at full or partial draw without aid from the archer.

(6) "Electronic decoy" means a motorized decoy powered by electricity, regardless of source.

(7) "Elk" means Cervus canadensis nelsoni.

(8) "Elk Restoration Permit" or "ERP" means an elk permit given to a landowner or lessee who allows the department to capture elk on the landowner or lessee's property for restoration or restocking purposes.

(9) "Firearm" means a breech or muzzle-loading rifle, shotgun, or handgun.

(10) "Landowner cooperator" means a landowner or lessee who owns or leases at least 5,000 acres of land in the restoration zone and enters into an agreement with the department to allow public access and hunting for at least five (5) years.

(11) "Loyalty Redraw" means a secondary drawing to award any unpurchased elk quota hunt permits, remaining after the purchase deadline for those individuals initially drawn for the elk quota hunt, to those applicants with the highest number of cumulative application years.

(12) "Muzzleloader" means a rifle, shotgun, or handgun that is loaded from the discharging end of the barrel or discharging end of the cylinder.

(13) "Out-of-zone" means all counties not included in the restoration zone.

(14) "Restoration zone" means the Kentucky counties: Bell, Breathitt, Clay, Floyd, Harlan, Johnson, Knott, Knox, Leslie, Letcher, Magoffin, Martin, McCreary, Perry, Pike, and Whitley.

(15) "Shed" means an antler that has naturally been cast off the skull as a part of the annual growth and replacement process.

(16) "Unit" means a designated area in the restoration zone with specific management restrictions.

(17) "Voucher cooperator" means a landowner or lessee who owns or leases at least 100 acres of land in the restoration zone and enters into an agreement with the department to allow elk hunting access.

(18) "Youth" means a person under the age of sixteen (16) by the first date of the hunt.

Section 2. Elk Damage Control. The department may authorize the removal or destruction of elk that are causing property damage. A person authorized to destroy an elk shall:

(1) Attach a department-issued destruction tag to an elk prior to moving the carcass; and

(2) Not remove the destruction tag until the carcass is processed.

Section 3. Elk Quota Hunts.

(1) The elk quota hunt application period shall be August 1 of the year preceding a given calendar year's elk hunt season to April 30 of the year of that season.

(2) An applicant shall:

(a) Complete the elk quota hunt application process on the department's Web site at fw.ky.gov; and

(b) Pay a nonrefundable application fee as outline in 301 KAR 5:022.

(3) The commissioner shall extend the application deadline if technical difficulties with the application system prevent applications from being accepted for one (1) or more days during the application period.

(4) There shall be a random electronic drawing from each applicant pool.

(5) Youths may enter a separate drawing pool for either-sex elk permits that shall be valid for use during all elk seasons, pursuant to Section 9 of this administrative regulation.

(6) A youth shall not apply for the youth-only elk quota hunt more than once per application period.

(7) An applicant for the youth-only elk quota hunt may also apply for a regular quota hunt, as established in subsection (12) of this section.

(8) A youth drawn for the youth-only elk quota hunt shall not be drawn in any other elk quota hunt held during the same calendar year.

(9) A youth drawn for the youth-only elk quota hunt shall be ineligible to be drawn in the youth-only elk quota hunt in subsequent years.

(10) Nonresidents shall not comprise more than ten (10) percent of all drawn applicants in each quota hunt pool, except that the Loyalty Redraw shall exclude nonresidents.

(11) A quota hunt permit awarded from any department-administered drawing shall not be transferable.

(12) In addition to the youth-only quota hunt, there shall be three (3) separate regular elk quota hunts consisting of:

(a) Antlered firearms;

(b) Antlerless firearms; and

(13) An applicant shall:

(a) Apply only once for an individual elk quota hunt;

(b) Not be eligible to be drawn in more than one (1) of the three (3) quota hunt pools;

(d) Pay a nonrefundable application fee of ten (10) dollars for each entry; and

(e) If selected, be eligible to purchase a quota elk hunt permit for the applicable season and hunt type until midnight (eastern) on June 15 of the hunt year.

(14) A person who is drawn for an elk quota hunt, including Loyalty Redraw applicants who purchase elk quota hunt permits offered to them through the Loyalty Redraw secondary drawing, shall be ineligible to be drawn for any elk quota hunt for the following three (3) years.

(15) A person who does not have access to the department's Web site to apply for any quota hunt may contact the department toll free at (800)858-1549 for assistance in applying.

Section 4. Loyalty Redraw.

(1) Annually, if there are unpurchased elk hunt permits remaining after the purchase deadline for those initially drawn for the elk quota hunt, a Loyalty Redraw shall be held.

(2) The Loyalty Redraw shall consist of a secondary random electronic drawing to award elk quota hunt permits not purchased before midnight (eastern) on June 15 of the hunt year, and shall be conducted before the Elk Hunting Unit drawing.

(3) The Loyalty Redraw shall be limited to resident applicants from the three (3) elk quota hunt pools, plus the youth-only quota hunt pool who have applied for at least one (1) elk quota hunt permit for the most cumulative years, including the current year, without ever being drawn for at least one (1) elk quota hunt permit.

(4) Resident applicants who are eligible for the Loyalty Redraw shall be automatically entered into the secondary drawing elk quota hunt pools for which they applied in the current hunt year.

(5) This secondary drawing procedure shall mirror the primary electronic random drawing for quota elk hunt permits, except that nonresident applicants shall be excluded.

(6) A Loyalty Redraw applicant who is drawn for an available leftover permit may purchase the appropriate quota elk hunt permit until midnight (eastern) on June 30.

(7) A Loyalty Redraw permit holder who does not apply for the Elk Hunting Unit drawing by midnight (eastern) on June 30 of the hunt year shall be automatically entered into the unit drawing for random assignment to an Elk Hunting Unit.

(8) An applicant who is eligible for the Loyalty Redraw in a given year and is drawn for quota elk hunt permit in the secondary drawing, and who does not purchase the elk quota hunt permit for which he or she is drawn in that year, shall:

(a) Have their number of cumulative years of application reset to zero and be ineligible for the Loyalty Redraw until he or she accumulates the required number of cumulative years of applications necessary to again qualify for the Loyalty Redraw; and

(b) Be eligible to apply for the next year's elk quota hunts without waiting three (3) years.

Section 5. Landowner Cooperator Permits.

(1) With the approval of the commission, the commissioner shall issue to a landowner cooperator:

(a) One (1) either-sex permit annually per 5,000 acres of land enrolled with the department in a hunting access agreement for the duration of the agreement;

(b) Two (2) antlerless-only permits annually per 5,000 acres of land enrolled with the department in a hunting access agreement for the duration of the agreement; or

(c) One (1) antlerless-only permit annually per 5,000 acres of land enrolled with the department in an elk hunting access agreement for the duration of the agreement.

(2) A recipient of a landowner cooperator permit shall comply with the season, bag limit, and hunter requirements in Sections 8 and 9 of this administrative regulation.

(3) A landowner cooperator permit shall only be used on the land that is established in the agreement.

(4) A landowner cooperator permit may be transferred to any person eligible to hunt in Kentucky, but prior to hunting, the landowner cooperator or person who has received the transferred permit shall provide the department with the hunter's:

(a) Name;

(b) Fish and Wildlife customer identification number;

(d) Telephone number.

(5) The landowner cooperator permit shall not be transferable if it was already used for the harvest of an elk.

(6) Public access agreements with the department shall be recorded in writing.

Section 6. Voucher Cooperator Permits.

(1) A voucher cooperator shall accrue one (1) voucher point for each legally harvested elk.

(2) A voucher cooperator who accrues ten (10) total points from the voucher cooperator permit program alone, or in combination with points accumulated from the elk restoration permit program, on land enrolled pursuant to Section 1(17) of this administrative regulation shall receive one (1) either-sex elk permit from the department.

(3) A recipient of a voucher cooperator elk permit shall comply with all the requirements established in Sections 8 and 9 of this administrative regulation.

(4) A voucher cooperator elk permit shall only be used on:

(a) The property enrolled with the department per agreement; or

(b) Other property that the landowner or lessee owns or leases.

(5) A voucher cooperator permit may be transferable to any person eligible to hunt in Kentucky.

(6) If a voucher cooperator permit is to be transferred, then the landowner, lessee, or person who has received the transferred permit shall provide to the department by August 15 the hunter's:

(a) Name;

(b) Fish and Wildlife customer identification number;

(d) Telephone number.

(7) A permit shall not be transferable after being used for the harvest of an elk.

Section 7. Elk Restoration Permits.

(1) A landowner or lessee who allows the department to capture elk on the landowner or lessee's property shall accrue one (1) point for each captured elk.

(2) A landowner or lessee who accrues ten (10) total points from the elk restoration permit program alone, or in combination with points accumulated from the voucher cooperator permit program shall receive one (1) either-sex elk permit from the department that shall only be used the following hunting season.

(3) A recipient of an ERP shall comply with all the requirements established in Sections 8 and 9 of this administrative regulation.

(4) An ERP shall only be used on property that the ERP recipient owns or leases.

(5) An ERP recipient may transfer the permit to any person eligible to hunt in Kentucky.

(6) If an ERP recipient transfers an ERP to another hunter, then the ERP recipient shall provide to the department by August 15 the hunter's:

(a) Name;

(b) Address;

(d) Fish and Wildlife customer identification number.

(7) An ERP shall be invalid if it has already been used to harvest an elk.

Section 8. Hunter Requirements.

(1) A person shall carry proof of purchase of a valid Kentucky hunting license and valid elk permit while hunting, unless exempted by KRS 150.170.

(2) The statewide bag limit shall be one (1) elk per hunter per license year.

(3) If a legal elk hunter kills any elk:

(a) The person shall immediately cease hunting elk for the remainder of the elk season; and

(b) The elk permit held by that individual shall immediately become invalid.

(4) A drawn applicant may apply to hunt in up to five (5) units. The drawn applicant shall complete the application process on the department's Web site at fw.ky.gov.

(a) Up to three (3) drawn applicants may apply for their unit choices as a party.

(b) If the party is drawn for a unit, then all hunters in the party shall be assigned to that same unit.

(c) If the number of slots remaining in the quota is less than the number of hunters in the next party selected, the entire party shall be assigned to the party's next choice ranking or be assigned to a unit by the department.

(5) A drawn applicant who does not apply for a unit shall be assigned to a unit by the department.

(6) An applicant drawn for a unit may hunt only in the assigned unit, except that a person who is drawn for any elk quota hunt may hunt on his or her land within the restoration zone.

(7) An elk hunter or any person accompanying an elk hunter shall comply with hunter orange requirements established in 301 KAR 2:172.

(8) An elk hunter shall not:

(a) Take elk except during daylight hours;

(b) Use dogs, except to recover wounded elk using leashed tracking dogs;

(c) Hunt over bait, or hunt over an area where bait was present in the preceding thirty (30) days, inside the elk restoration zone;

(d) Drive elk from outside the assigned area;

(e) Take an elk while it is swimming;

(f) Use electronic calls or electronic decoys; or

(g) Take an elk if the hunter is in a vehicle, boat, or on horseback, except that a disabled hunter who has a hunting method exemption permit issued pursuant to 301 KAR 3:027 may use a stationary vehicle as a hunting platform.

(9) A person shall:

(a) Obtain a vehicle tag from the department prior to hunting elk in the restoration zone; and

(b) Display the vehicle tag in the windshield of the vehicle while hunting elk.

(10) A youth shall be accompanied by an adult who shall remain in a position to take immediate control of the youth's firearm.

(11) An adult accompanying a youth shall not be required to possess a hunting license or elk permit if the adult is not hunting.

(12) A person shall only use the equipment and ammunition established in paragraphs (a) through (e) of this subsection to take an elk:

(a) A crossbow or archery equipment loaded with a broadhead of seven-eighths (7/8) inch or wider, either fixed or upon expansion;

(b) A firearm:

With an action that fires a single round of ammunition upon each manipulation of the trigger;
Of .270 caliber or larger; and
Loaded with centerfire, single projectile ammunition designed to expand upon impact;

(d) A shotgun of twenty (20) gauge or larger loaded with a shell containing one (1) projectile; or

(e) A handgun loaded with:

Centerfire cartridges;
Bullets of .270 caliber or larger designed to expand upon impact; and
Cartridges with a case length of 1.285 inches or larger.

(13) A crossbow shall contain a working safety device.

(14) An elk hunter shall not use a magazine capable of holding more than ten (10) rounds.

(15) A quota elk hunter shall only take an elk of the type and sex determined by the permit drawn.

(16) A hunter drawn for a firearms elk permit shall hunt elk pursuant to that permit only during the five (5) day period assigned during the initial drawing.

(17) An individual who receives or is transferred a landowner cooperator permit, a voucher cooperator permit, an elk restoration permit, or a special commission permit may hunt in all of the quota hunts and shall hunt in accordance with the seasons, limits, and equipment established in Section 8 of this administrative regulation.

(18)

(a) A person who is drawn for an elk quota hunt permit or was issued a landowner cooperator permit, a special commission permit, an elk restoration permit, or voucher cooperator permit shall complete and submit a post-season elk hunting survey on the department's Web site at fw.ky.gov no later than the last day of February.

(b) A person who fails to comply with the requirements established in paragraph (a) of this subsection shall be ineligible to apply for any quota hunt or no-hunt option the following year.

Section 9. Elk Quota Hunt Seasons and Limits.

(1) A person drawn for an either-sex archery and crossbow permit shall use archery or crossbow equipment to take either-sex elk from the:

(a) Second Saturday in September through the fourth Friday in September; and

(b) First Saturday in December through the second Friday in December.

(2) A person drawn for an antlered firearms permit shall use any legal equipment as established in Section 8(12) of this administrative regulation to take an antlered elk during one (1) of two (2) five (5) day periods randomly assigned by the department from the:

(a) Last Saturday in September for five (5) consecutive days; or

(b) First Saturday in October for five (5) consecutive days.

(3) A person drawn for an antlerless firearms permit shall use any legal equipment as established in Section 8(12) of this administrative regulation to take an antlerless elk during one (1) of two (2) five (5) day periods randomly assigned by the department from the:

(a) Last Saturday in November for five (5) consecutive days; or

(b) First Saturday in January for five (5) consecutive days.

Section 10. Unit Boundaries and Elk Viewing Areas.

(1) Hunting unit boundaries and the boundaries of Boone's Ridge are incorporated by reference.

(2) Boone's Ridge shall be closed to all elk hunting.

Section 11. Tagging and Checking Requirements.

(1) Immediately after taking an elk, a hunter shall record on a hunter's log:

(a) The species harvested;

(b) The sex of the animal;

(d) County of harvest.

(2) A hunter shall check a harvested elk before midnight on the day the elk is recovered by:

(a) Calling (800) 245-4263 and providing the requested information; or

(b) Completing the online check-in process at fw.ky.gov.

(3) A hunter who has checked in an elk shall record the confirmation number on a hunter's log.

(4) If the hide or head is removed from the carcass before the elk is checked in, then the hunter shall be required to demonstrate proof of the sex of the elk.

(a) For antlered elk the hunter shall retain the:

Head with antlers; or
Testicles, scrotum, or penis attached to the carcass; or

(b) For antlerless elk the hunter shall retain the:

Head;
Udder or vulva attached to the carcass; or
Testicles, scrotum, or penis attached to the carcass.

(5) If a harvested elk leaves the possession of the hunter, the hunter shall attach to the carcass a hand-made tag that contains the hunter's:

(a) Confirmation number;

(b) Name; and

(6) A person shall not provide false information in:

(a) Completing the hunter's log;

(b) Checking an elk; or

Section 12. Elk Hunting on Public Land.

(1) A person drawn for an elk quota hunt or the recipient of a special commission permit may hunt on the areas listed in paragraphs (a) through (f) of this subsection within the restoration zone pursuant to the conditions of the permit received:

(a) Wildlife Management Areas;

(b) Hunter Access Areas;

(d) Big South Fork National River and Recreation Area;

(e) Daniel Boone National Forest; or

(f) Jefferson National Forest.

(2) Portions of Paintsville Lake WMA that lie out of the restoration zone shall be subject to the requirements established in Section 14 of this administrative regulation.

(3) Elk hunting shall not be allowed on public areas during quota deer hunts listed in 301 KAR 2:178.

(4) A person shall not mimic the sound of an elk on public land open to elk hunting from September 1 until the opening of the elk archery season.

Section 13. Out-of-zone Elk Hunting.

(1) The methods for taking deer and the deer seasons established in 301 KAR 2:172 shall apply to a person taking elk outside of the restoration zone, except that a hunter shall comply with the equipment and ammunition requirements established in Section 8 of this administrative regulation.

(2) Unless exempted by KRS 150.170, a person who is hunting out-of-zone elk shall possess:

(a) A valid Kentucky hunting license; and

(b) An out-of-zone elk permit.

(3) A person may take an elk of either sex, which shall not count toward the person's deer bag limit.

(4) Any elk harvested out-of-zone shall be telechecked pursuant to Section 11 of this administrative regulation.

Section 14. Elk Antlers.

(1) A person who takes possession of any elk antler that has the skull or skull plate attached to it shall contact the department's Law Enforcement Division within twenty-four (24) hours.

(2) An elk shed shall be legal to possess.

Section 15. Elk Permit Deferral. A person who is the holder of a valid elk quota hunt permit, landowner cooperator permit, voucher cooperator permit, an ERP, or special commission permit may defer use of the permit to the following year if:

(1)

(a) There is a death of the permit holder's:

Spouse;
Child; or
Legal guardian, if the permit holder is under eighteen (18) years old; and

(b) The permit holder provides to the department a death certificate and one (1) of the following documents prior to May 1 of the year following the hunting season:

A marriage certificate;
A birth certificate; or
An affidavit of paternity or maternity;

(2) The permit holder shall be a member of one (1) of the service branches of the U.S. Armed Forces in either an active duty, reserve component, or National Guard status as of April 30 of the hunt year:

(a) Is deployed or assigned to military duty outside the continental United States or assigned to military duty to another location or duty station so that his or her assignment makes impracticable participation in the hunt for which the permit was drawn; and

(b) The permit holder submits to the department electronically by email or fax or by mail, postmarked or received before midnight of the day immediately prior to the opening day of the applicable hunting season, a copy of military orders, or if unavailable, a letter from a commanding officer, documenting the permit holder's overseas deployment, overseas duty assignment, or assignment outside of Kentucky, showing that the effective date or dates of the assignment include one (1) or more of the hunt dates for which the hunter holds a permit; or

(3) A permit holder that meets criteria in subsection (2) of this section may also automatically defer his or her permit for a second year if the military assignment or assignments make impracticable participation in his or her assigned hunt during the year following his or her obtaining the permit, but in either case shall provide to the elk program by May 1 of his or her actual hunt year, a copy of applicable military orders (or official letter) that made use of the permit impracticable for the first, or first and second, elk seasons after first obtaining the elk permit.

Section 16. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Elk Hunting Units" map, 2024 edition; and

(b) "Boone's Ridge Viewing Area" map, 2024 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, 8:00 a.m. to 4:30 p.m., Eastern Time, or on the department's Web site at fw.ky.gov.

History

RELATES TO: KRS 150.010, 150.170(4), 150.180, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.177, 150.178, 150.390(3)
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 and methods of take, and to make these requirements apply to a limited area. KRS 150.177 authorizes the department to issue special commission permits for game species to nonprofit wildlife conservation organizations. KRS 150.178 authorizes the department to issue cooperator permits to landowners who enroll property for public hunting access. KRS 150.390(3) requires the department to promulgate administrative regulations establishing the conditions under which depredation permits for elk may be issued. This administrative regulation establishes the requirements for the elk permit drawing and quota hunts, the conditions under which special commission and landowner cooperator permits may be used, procedures for elk damage abatement, and any postseason hunt held after the quota hunts.
History: 301 KAR 002:132. 25 Ky.R. 2034; 2366; eff. 4-14-1999; 27 Ky.R. 3140; 28 Ky.R. 73; eff. 7-16-2001; 2501; 2330; eff. 5-16-2002; 29 Ky.R. 1677; eff. 2-16-2003; 30 Ky.R. 2555; 31 Ky.R. 341; eff. 8-26-2004; 31 Ky.R. 341; 830; 1075; eff. 1-4-2005; 31 Ky.R. 341; 830; 1075; 1538; 1786; eff. 5-26-2005; 32 Ky.R. 2095; 33 Ky.R. 92; eff. 7-12-2006; 343; 792; 1700; eff. 11-2-2008; 35 Ky.R. 343; 792; 1700; 1872; 2007; eff. 4-3-2009; 35 Ky.R. 2799; eff. 8-28-2009; 36 Ky.R. 2076-A; 2335; 37 Ky.R. 41; eff. 8-4-2010; 37 Ky.R. 41; 2061; eff. 5-6-2011; 39 Ky.R. 1764; 2014; eff. 5-3-2013; 40 Ky.R. 407; 797; eff. 10-3-2013; 2349; 2689; eff. 7-3-2014; 41 Ky.R. 1868; eff. 6-5-2015; 42 Ky.R. 2444; eff. 5-6-2016; 43 Ky.R. 322; eff. 10-6-2016; 1656; eff. 6-1-2017; 44 Ky.R. 1875, 2206; eff. 5-4-2018; TAm eff. 9-12-2018; 45 Ky.R. 1344, 2081; eff. 2-1-2019; 47 Ky.R. 2632; 48 Ky.R. 787; eff. 9-15-2021; 48 Ky.R. 2861, 49 Ky.R. 327; eff. 8-18-2022; 50 Ky.R. 1939, 2397; eff. 6-6-2024; 50 Ky.R. 1939, 2397; 51 Ky.R. 1306, 1777; eff. 6-18-2024.

301 KAR 2:140 Requirements for wild turkey hunting {#sec-301-kar-2-140 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:140}

Section 1. Definitions.

(1) "Baited area" means an area where feed, grains, or other substances capable of luring wild turkeys have been placed.

(2) "Crossbow" means a bow capable of holding an arrow at full or partial draw without human aid.

(3) "Fall turkey permit" means a permit that, in conjunction with appropriate licenses, seasons, and methods, allows a hunter to harvest up to the fall season bag limit of turkeys.

(4) "Junior turkey permit" means a permit that, in conjunction with appropriate licenses, seasons, and methods, allows a youth hunter to harvest one (1) turkey during a license year.

(5) "Spring turkey permit" means a permit that, in conjunction with appropriate licenses, seasons, and methods, allows a hunter to harvest up to the spring season bag limit of turkeys.

(6) "Youth" means a person under the age of sixteen (16) by the day of the hunt.

Section 2. Wild Turkey Season Dates and Bag Limits.

(1) A person shall only take a wild turkey during the seasons established in:

(a) 301 KAR 2:142;

(b) 301 KAR 2:144; and

(2) A person shall not harvest more than the established bag limits, pursuant to:

(a) 301 KAR 2:142;

(b) 301 KAR 2:144; and

Section 3. License and Wild Turkey Permit Requirements. Unless exempted by KRS 150.170, a person hunting a wild turkey shall possess proof of purchase of a valid Kentucky hunting license and a valid:

(1) Spring turkey permit during the spring season;

(2) Fall turkey permit during a fall season; or

(3) Junior turkey permit, if applicable.

Section 4. Harvest Recording.

(1)

(a) Immediately after harvesting a wild turkey, and prior to moving the carcass, a person shall record in writing on one (1) of the items established in paragraph (b) of this subsection, the:

Species taken;
Date taken;
County where taken; and
Sex of the wild turkey.

(b) A person who has harvested a turkey shall record the information established in paragraph (a) of this subsection on:

The hunter's log section on the reverse side of a license or permit;
A hunter's log printed from the Internet;
A hunter's log available from any KDSS agent; or
An index or similar card.

(2) A person shall retain and possess the completed hunter's log while the person is in the field during the current hunting season.

Section 5. Checking a Wild Turkey.

(1) A person shall check a harvested wild turkey by:

(a) Completing the telecheck process after calling (800) 245-4263 or completing the check-in process on the department's Web site at fw.ky.gov:

Before midnight on the day the wild turkey is recovered; and
Prior to processing the carcass; and

(b) Writing the check-in authorization number on the hunter's log as established in Section 4 of this administrative regulation.

(2) A person shall:

(a) Not knowingly provide false information in completing the hunter's log, checking a wild turkey, or creating a carcass tag; or

(b) Check a wild turkey before transporting it out of Kentucky.

(3) If a hunter transfers possession of a harvested wild turkey, the hunter shall attach to the carcass a hand-made tag containing:

(a) A valid confirmation number;

(b) The hunter's name; and

Section 6. Weapon and Ammunition Restrictions.

(1) A person shall only use for the purpose of taking a wild turkey:

(a) A crossbow or archery equipment loaded with a non-barbed broadhead that has a minimum cutting diameter of seven-eighths (7/8) inch, whether:

Expandable; or
Non-expandable; or

(b)

A.410 shotgun or larger, but no larger than a ten (10) gauge shotgun; and
A shell containing shot of size no larger than number four (4).

(2) A crossbow shall be equipped with a working safety device.

Section 7. Hunter Restrictions.

(1) A person shall not hunt wild turkeys on a baited area or by the aid of baiting:

(a) While bait is present; or

(b) For thirty (30) days after the bait has been removed.

(2) A person may hunt wild turkeys on an area where grain, feed, or other substance exists as the result of:

(a) A bona fide agricultural practice; or

(b) Manipulating a crop for a wildlife management purpose.

(3) A field shall be considered baited if grain, feed, or other substance grown on the field is removed and later returned to the field.

(4) A person hunting wild turkeys:

(a) May use a hand or mouth-operated call; and

(b) Shall not:

Use a dog to aid in taking a wild turkey during the spring season;
Hunt from a boat;
Use or possess an electronic or digital calling device;
Use a live decoy; or
Harvest a roosting turkey.

(5) In an area open to wild turkey hunting and where wild turkeys are reasonably expected to occur, a person shall not mimic the sound of a wild turkey from:

(a) March 1 until the opening of the youth turkey season; and

(b) The close of the youth turkey season and the opening of the statewide turkey season.

(6) While hunting wild turkeys, a youth with a firearm shall be accompanied by an adult who can immediately take control of the firearm.

History

RELATES TO: KRS 150.010, 150.170, 150.175, 150.305, 150.360, 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 and methods of take, and to make such requirements apply to a limited area. KRS 150.390(1) requires that wild turkeys shall not be taken in any manner contrary to any provisions of KRS Chapter 150 or Title 301 KAR. This administrative regulation establishes legal methods of take and checking and recording requirements for wild turkey hunting.
History: Recodified from 301 KAR 3:053, eff. 10-6-82; Am. 9 Ky.R. 600; eff. 12-1-82; 10 Ky.R. 625; eff. 12-2-83; 11 Ky.R. 991; eff. 1-7-85; 12 Ky.R. 672; eff. 1-3-86; 13 Ky.R. 906; eff. 12-2-86; 14 Ky.R. 839; eff. 12-11-87; 15 Ky.R. 1134; eff. 12-13-88; 16 Ky.R. 496; eff. 11-22-89; 17 Ky.R. 1533; eff. 11-15-90; 18 Ky.R. 1161; eff. 11-26-91; 19 Ky.R. 1403; eff. 2-8-93; 20 Ky.R. 834; 1581; eff. 11-29-93; 21 Ky.R. 1164; eff. 12-12-94; 23 Ky.R. 2200; 2714; eff. 1-10-97; 3867; eff. 7-9-97; 24 Ky.R. 643; 1058; eff. 11-12-97; 25 Ky.R. 1690; 2134; eff. 3-10-99; 26 Ky.R. 116; eff. 9-8-99; 28 Ky.R. 2412; eff. 7-15-2002; 29 Ky.R. 1316; eff. 1-16-2003; 2517; eff. 6-16-03; 31 Ky.R. 1542; eff. 5-26-05; 41 Ky.R. 1140; 1520; eff. 2-6-2015; Cert. eff. 1-24-2022.

301 KAR 2:142 Spring wild turkey hunting {#sec-301-kar-2-142 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:142}

Section 1. Definitions.

(1) "Legal wild turkey" means a wild turkey that is a male or has a visible beard.

(2) "Wildlife Management Area" or "WMA" means a tract of land:

(a) Controlled by the department through ownership, lease, license, or cooperative agreement; and

(b) That has "Wildlife Management Area" or "WMA" as part of its official name.

(3) "Youth" means a person under the age of sixteen (16) by the day of the hunt.

Section 2. Youth Turkey Season. There shall be a statewide youth-only turkey hunting season for two (2) consecutive days beginning on the first Saturday in April.

Section 3. Statewide Turkey Season. There shall be a statewide turkey hunting season for twenty-three (23) consecutive days beginning on the Saturday closest to April 15.

Section 4. Spring Turkey Hunting Requirements.

(1) A person shall:

(a) Only take legal turkeys;

(b) Take no more than one (1) legal turkey per day statewide;

(d) Take no more than two (2) legal turkeys per season statewide, except on certain military installations or as otherwise provided by law.

(2) A person shall not take a turkey using any device except the following equipment authorized by 301 KAR 2:140:

(a) A firearm;

(b) Archery equipment; or

(3) A person shall only hunt turkeys from one-half (1/2) hour before sunrise until one-half (1/2) hour after sunset.

(4) A person who is assisting or calling a turkey for a legal hunter shall not be required to possess a hunting license or turkey permit.

Section 5. Wildlife Management Area Requirements.

(1) Unless specified in this section, spring season dates and the requirements of 301 KAR 2:140 shall apply to Wildlife Management Areas.

(2) Barren River WMA. On the Peninsula Unit, including Narrows, Goose Island, and Grass Island, a person shall not use a breech-loading firearm to take a turkey.

(3) Higginson-Henry WMA. A person shall not use a firearm to take a turkey.

(4) Livingston County WMA. Statewide spring turkey season is open to youth only.

(5) Pioneer Weapons WMA. A person shall not use the following to take a turkey:

(a) A breech-loading firearm; or

(b) A scope or optical enhancement.

(6) Robinson Forest WMA. A person shall not hunt turkeys on the main block of the WMA.

(7) West Kentucky WMA. Tracts marked with the letter "A" shall be closed for the statewide turkey season established in Section 3 of this administrative regulation.

Section 6. Special Area Requirements.

(1) Unless specified in this section, all the requirements of this administrative regulation shall apply.

(2) A person shall comply with all federal requirements when hunting on the following federal areas:

(a) Bluegrass Army Depot;

(b) Fort Campbell;

(d) Land Between the Lakes; and

(e) Reelfoot National Wildlife Refuge.

(3) A spring turkey season, not to exceed twenty-three (23) days, shall be allowed between the last Saturday in March and the second Sunday in May on the following areas:

(a) Bluegrass Army Depot;

(b) Fort Campbell;

(d) Land Between the Lakes;

(e) Reelfoot National Wildlife Refuge; and

(f) Wendell H. Ford Regional Training Center.

(4) A turkey taken on the following areas shall be considered a bonus bird:

(a) Bluegrass Army Depot;

(b) Fort Campbell; and

(5) A person shall not take more than one (1) turkey on the following areas:

(a) Land Between the Lakes; and

(b) Reelfoot National Wildlife Refuge.

(6) Otter Creek Outdoor Recreation Area. All statewide season requirements shall apply, except that shooting hours shall be from one-half (1/2) hour before sunrise to noon each day.

History

RELATES TO: KRS 150.175(7), (8), (15), (17), (18), 150.305, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.390(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations establishing hunting seasons, bag limits, and the methods of taking wildlife. KRS 150.390(1) prohibits a person from taking, pursuing, or molesting a wild turkey in any manner contrary to the provisions of Chapter 150 or its administrative regulations. This administrative regulation establishes season dates, shooting hours, and other requirements for spring turkey hunting.
History: 24 Ky.R. 792; Am. 1060; eff. 11-12-1997; 25 Ky.R. 1692; 2135; eff. 3-10-1999; 26 Ky.R. 2017; 27 Ky.R. 75; eff. 7-17-2000; 3335; 28 Ky.R. 358; eff. 8-15-2001; 2413; eff. 7-15-2002; 29 Ky.R. 1317; eff. 1-16-2003; 31 Ky.R. 1705; 1962; eff. 6-8-2005; 32 Ky.R. 1923; eff. 7-7-2006; 33 Ky.R. 1893; eff. 4-6-2007; 38 Ky.R. 1042; 1300; eff. 2-3-2012; 39 Ky.R. 1298; 3-8-2013; 48 Ky.R. 886; eff. 3-1-2022; 49 Ky.R. 81, eff. 11-3-2022.

301 KAR 2:144 Fall wild turkey hunting {#sec-301-kar-2-144 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:144}

Section 1. Definitions.

(1) "Crossbow" means a bow capable of holding an arrow at full or partial draw without human aid.

(2) "Wildlife Management Area" or "WMA" means a tract of land:

(a) Controlled by the department through ownership, lease, license, or cooperative agreement; and

(b) That has "Wildlife Management Area" or "WMA" as part of its official name.

Section 2. Statewide Wild Turkey Season Dates. Except as established in 301 KAR 2:111, a person shall only take wild turkey during the seasons established in subsections (1) through (3) of this section:

(1) Archery season shall be the first Saturday in September through the third Monday in January;

(2) Crossbow season shall be:

(a) From October 1 through the end of the third full weekend in October; and

(b) From the second Saturday in November through December 31; and

(3) Firearm season shall be:

(a) For seven (7) consecutive days beginning the fourth Saturday in October; and

(b) For seven (7) consecutive days beginning the first Saturday in December.

Section 3. Legal Equipment.

(1) A person shall only use legal weapons and ammunition as established in 301 KAR 2:140.

(2) Fall archery season. Archery equipment may be used.

(3) Fall crossbow season. Crossbows and archery equipment may be used.

(4) Fall firearm season. Archery equipment, crossbows, and firearms may be used.

Section 4. Fall Wild Turkey Bag Limits. A person shall not take more than:

(1) Two (2) wild turkeys statewide, of which only:

(a) One (1) shall have a visible beard at least three (3) inches long; and

(b) One (1) shall have no visible beard or a beard less than three (3) inches long; and

(2) One (1) wild turkey per day.

Section 5. Hunter Restrictions.

(1) Dogs may be used to aid in taking wild turkey during any fall season.

(2) A person may take a wild turkey from one-half (1/2) hour before sunrise until one-half (1/2) hour after sunset.

(3) A person hunting wild turkey in the fall shall comply with all license, permit, and check-in requirements established in 301 KAR 2:140.

(4) A person shall not take a wild turkey within 600 feet of a baited area, as defined by 301 KAR 2:140, or for thirty (30) days after the bait has been removed, except that this prohibition shall not apply:

(a) To bona fide agricultural practices;

(b) To crop manipulation for a wildlife management purpose; and

Section 6. Wildlife Management Areas. Except as established in subsections (1) through (6) of this section, Wildlife Management Areas shall be open to fall wild turkey hunting pursuant to this administrative regulation and 301 KAR 2:140.

(1) Ballard Wildlife Management Area. A person shall not hunt wild turkey during the fall firearm, crossbow, or archery seasons.

(2) Barren River Wildlife Management Area. On the Peninsula Unit, including Narrows, Goose and Grass Islands, a person:

(a) Shall not hunt during the fall firearm season with a breech-loading firearm;

(b) May use a muzzleloading shotgun or crossbow during the fall firearm season; and

(3) Higginson-Henry Wildlife Management Area. A person shall not use a firearm while turkey hunting.

(4) Pioneer Weapons Area. A person may use a crossbow during the fall archery turkey season.

(5) Main block of Robinson Forest. A person shall not hunt wild turkey during the fall firearm, crossbow, or archery seasons except a person participating in a department-authorized hunt.

(6) Swan Lake Unit of Boatwright Wildlife Management Area. A person shall not hunt wild turkey during the fall firearm, crossbow, or archery seasons.

History

RELATES TO: KRS 150.010, 150.170, 150.175, 150.305, 150.360, 150.390, 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 and methods of take, and to make these requirements apply to a limited area. KRS 150.390(1) requires that wild turkeys shall not be taken in any manner contrary to any provisions of KRS Chapter 150 or KAR Title 301. This administrative regulation establishes seasons, bag limits, and methods of take, hunter requirements, and special area restrictions for fall wild turkey hunting.
History: 24 Ky.R. 794; Am. 1061; eff. 11-12-1997; 25 Ky.R. 1693; 2136; eff. 3-10-1999; 26 Ky.R. 2298; 27 Ky.R. 489; eff. 8-14-2000; 2874; eff. 6-8-01; 29 Ky.R. 2518; eff. 6-16-2003; 30 Ky.R. 410; eff. 10-31-2003; 30 Ky.R. 2558; eff. 8-26-2004; 31 Ky.R. 1707; 1984; 32 Ky.R. 55; eff. 7-13-2005; 1469; 1882; eff. 5-5-2006; 41 Ky.R. 1142; 1521; eff. 2-6-2015; 49 Ky.R.1654, 2089; eff. 6-8-2023.

301 KAR 2:172 Deer hunting seasons, zones, and requirements {#sec-301-kar-2-172 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:172}

Section 1. Definitions.

(1) "Additional deer permit" means a permit that allows the holder to take up to two (2) additional deer beyond those allowed by the statewide deer permit in the following combinations:

(a) One (1) antlered deer and one (1) antlerless deer; or

(b) Two (2) antlerless deer.

(2) "Adult" means a person who is at least eighteen (18) years of age.

(3) "Air gun" means a pneumatic gun fired by a charge of compressed air.

(4) "Antlered deer" means a male or female deer, excluding male fawns, with a visible antler protruding above the hairline.

(5) "Antlerless deer" means a male or female deer with no visible antler protruding above the hairline.

(6) "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.

(7) "Arrow" means the projectile fired from a bow or crossbow.

(8) "Centerfire" means a type of gun that detonates a cartridge by the firing pin striking a primer in the middle of the end of the cartridge casing.

(9) "Chronic Wasting Disease" or "CWD" means a transmissible spongiform encephalopathy found in cervids.

(10) "Crossbow" means a bow with a string designed or fitted with a device to hold an arrow at full or partial draw without aid from the archer.

(11) "CWD Surveillance Zone" means an area designated as being subject to special deer hunting regulations due to a CWD positive cervid detection.

(12) "Deer" means a member of the species Odocoileus virginianus.

(13) "Firearm" means a breech or muzzle-loading rifle, shotgun, or handgun.

(14) "KDSS" means the Kentucky Direct Sales System.

(15) "License year" means the period from March 1 through the last day of February.

(16) "Modern gun" means an air gun, rifle, handgun, or shotgun that is loaded from the rear of the barrel.

(17) "Muzzle-loading gun" means a rifle, shotgun, or handgun that is loaded from the discharging end of the barrel or discharging end of the cylinder.

(18) "Novice deer hunter" means a person who has not harvested more than two (2) deer in Kentucky in the last ten (10) years.

(19) "Shed" means an antler that has naturally been cast off the skull as a part of the annual growth and replacement process.

(20) "Special deer hunt" means a one (1) or two (2) day deer hunt sponsored and overseen by the department on private land that:

(a) Allows a novice deer hunter to use a modern gun outside of modern gun deer season; and

(b) Shall be made available only to a:

Kentucky resident;
Person enrolled as a resident or non-resident student in a public or non-public postsecondary institution located in Kentucky; or
Member of the United States military, or his or her spouse or children, stationed at a military base in Kentucky.

(21) "Statewide deer hunting requirements" means the season dates, zone descriptions, bag limits, and other requirements for deer hunting established in this administrative regulation.

(22) "Statewide deer permit" means a permit, which, in conjunction with appropriate licenses, seasons, and methods, allows the holder to take:

(a) One (1) antlered deer and no more than three (3) antlerless deer; or

(b) No more than four (4) antlerless deer.

(23) "Youth" means a person under the age of sixteen (16) by the date of the hunt.

(24) "Youth deer permit" means a permit, which in conjunction with appropriate licenses, seasons, and methods, allows the holder to take:

(a) One (1) antlered deer and no more than three (3) antlerless deer; or

(b) No more than four (4) antlerless deer.

(25) "Zone" means an area consisting of counties designated by the department within which deer hunting season dates and limits are set for the management and conservation of deer in Kentucky.

Section 2. License and Deer Permit Requirements.

(1) Unless license exempt, as established in KRS 150.170, a person who is hunting deer shall carry a valid:

(a) Kentucky hunting license; and

(b) Deer permit.

(2) Unless license exempt, as established in KRS 150.170, a youth who is hunting deer shall carry a valid:

(a) Kentucky youth hunting license; and

(b) Youth deer permit.

Section 3. Hunter Restrictions.

(1) A deer hunter shall not:

(a) Take a deer except during daylight hours;

(b) Use dogs, except leashed tracking dogs, to recover a wounded deer;

(d) From a vehicle, boat, or on horseback, take a deer, except that a hunter with a disabled hunting exemption permit issued by the department may use a stationary vehicle as a hunting platform; and

(e) Possess or use a decoy or call powered by electricity from any source.

(2) A person shall only use the equipment established in paragraphs (a) through (e) of this subsection to take a deer:

(a) A crossbow or archery equipment loaded with a broadhead of seven-eighths (7/8) inch or wider upon expansion;

(b) A firearm:

With an action that fires a single round of ammunition upon each manipulation of the trigger; and
Loaded with centerfire, single projectile ammunition designed to expand upon impact;

(d) A shotgun loaded with a shell containing single projectile ammunition designed to expand upon impact; or

(e) An air gun:

Of .35 caliber or larger;
Charged by an external tank; and
Loaded with single projectile ammunition designed to expand upon impact.

(3) A person shall only use a weapon that complies with the appropriate season established in Section 5 of this administrative regulation to take a deer.

(4) A crossbow shall contain a working safety device.

(5) A person shall not use a magazine capable of holding more than ten (10) rounds to take a deer.

Section 4. Hunter Orange Clothing Requirements.

(1) During the modern gun deer season, muzzle-loader season, and any youth gun season, a person hunting any species during daylight hours and any person accompanying a hunter, shall display solid, unbroken hunter orange visible from all sides on the head, back, and chest except while hunting waterfowl or mourning dove.

(2) During an elk firearm season, as established in 301 KAR 2:132, a person hunting any species and any person accompanying a hunter within the elk restoration zone, shall display solid, unbroken hunter orange visible from all sides on the head, back, and chest, except while hunting waterfowl or mourning dove.

(3) 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.

(4) A camouflage-pattern hunter orange garment worn without additional solid hunter orange on the head, back, and chest shall not meet the requirements of this section.

Section 5. Statewide Season Dates.

(1) A deer hunter may use archery equipment to hunt deer statewide from the first Saturday in September through the third Monday in January.

(2) A deer hunter may take deer with a modern gun statewide beginning the second Saturday in November for sixteen (16) consecutive days.

(3) A deer hunter may use a muzzle-loading gun to hunt deer statewide:

(a) For two (2) consecutive days beginning the third Saturday in October;

(b) For nine (9) consecutive days beginning the second Saturday in December; and

(4) A deer hunter may use a crossbow to hunt deer statewide from the third Saturday in September through the third Monday in January.

(5) A youth or a legal resident hunter sixty-five (65) years or older may hunt with a crossbow from the first Saturday in September through the third Monday in January.

(6) There shall be a youth-only modern gun season for nine (9) consecutive days beginning on the second Saturday in October, in which a youth deer hunter shall comply with this administrative regulation and all other statewide deer hunting requirements.

(7) There shall be a free youth-only modern gun season for two (2) consecutive days beginning on the Saturday after Christmas during which a youth:

(a) Shall not be required to have a hunting license or deer permit; and

(b) Shall comply with this administrative regulation and all other statewide deer hunting requirements.

Section 6. Zones.

(1) Zone 1 shall consist of Adair, Anderson, Ballard, Boone, Boyd, Bracken, Breckinridge, Bullitt, Butler, Caldwell, Calloway, Campbell, Carlisle, Carroll, Carter, Christian, Crittenden, Daviess, Franklin, Fulton, Gallatin, Grant, Graves, Grayson, Green, Greenup, Hancock, Hardin, Harrison, Hart, Henderson, Henry, Hickman, Hopkins, Jefferson, Kenton, Larue, Lawrence, Lewis, Livingston, Logan, Lyon, Marion, Marshall, Mason, McClean, McCracken, Meade, Mercer, Metcalfe, Muhlenberg, Nelson, Ohio, Oldham, Owen, Pendleton, Robertson, Scott, Shelby, Spencer, Taylor, Todd, Trigg, Trimble, Union, Washington, Webster, and Woodford Counties.

(2) Zone 2 shall consist of Allen, Barren, Bath, Bourbon, Boyle, Casey, Clark, Cumberland, Edmonson, Elliot, Fayette, Fleming, Garrard, Jessamine, Johnson, Lincoln, Madison, Monroe, Montgomery, Morgan, Nicholas, Rowan, Simpson, and Warren Counties.

(3) Zone 3 shall consist of Clinton, Estill, Jackson, Laurel, Martin, Menifee, Pike, Powell, Pulaski, Rockcastle, Russell, Wayne, and Wolfe Counties.

(4) Zone 4 shall consist of Bell, Breathitt, Clay, Floyd, Harlan, Knott, Knox, Lee, Leslie, Letcher, Magoffin, McCreary, Owsley, Perry, and Whitley Counties.

Section 7. Season and Zone Limits.

(1) A person shall not take more deer than each zone allows, as established in this section.

(2) A person shall not take more than one (1) antlered deer per license year, regardless of permit type used or zone hunted, except as established in 301 KAR 2:111, 2:178, or 3:100.

(3) A person may take an unlimited number of antlerless deer in Zone 1 if the person has purchased the appropriate additional deer permits.

(4) A person may take up to a total of four (4) deer in Zone 2.

(5) In Zone 3, a person may take up to a total of four (4) deer, except that a firearm or air gun shall not be used to take a total of more than one (1) antlerless deer.

(6) In Zone 4, a person may take one antlerless deer, but only during:

(a) Archery season, except that a person shall not take an antlerless deer during modern gun season, the October muzzleloader season, or the first six (6) days of the December muzzleloader season;

(b) Crossbow season, except that a person shall not take an antlerless deer during modern gun season, the October muzzleloader season, or the first six (6) days of the December muzzleloader season;

(d) The last three (3) days of the December muzzleloader season.

Section 8. Supervision of Youth Gun Deer Hunters.

(1) An adult shall:

(a) Accompany a person under sixteen (16) years old; and

(b) Remain in a position to take immediate control of the youth's gun.

(2) An adult accompanying a youth hunter shall not be required to possess a hunting license or deer permit if the adult is not hunting.

Section 9. Harvest Recording.

(1) Immediately after taking a deer, and prior to moving the carcass, a person shall record, in writing:

(a) The species taken;

(b) The date taken;

(d) The sex of the deer taken on one (1) of the following:

The hunter's log section on the reverse side of a license or permit;
The hunter's log produced in a hunting guide;
A hunter's log printed from the Internet;
A hunter's log available from any KDSS agent; or
An index or similar card.

(2) The person shall retain and possess the completed hunter's log while the person is in the field during the current hunting season.

Section 10. Checking a Deer.

(1) A person shall check a harvested deer before 11:59 p.m. on the day the deer is recovered by:

(a) Calling (800) 245-4263 and providing the requested information; or

(b) Completing the online check-in process at fw.ky.gov.

(2) A person who has checked in a deer shall record the confirmation number on a hunter's log.

(3) If a hunter removes the hide or head of a harvested deer before the deer is checked in, then the hunter shall retain the deer parts established in paragraphs (a) and (b) of this subsection:

(a) For antlered deer, the:

Head with antlers; or
Testicles, scrotum, or penis attached to the carcass; or

(b) For antlerless deer, the:

Head; or
Udder or vulva attached to the carcass.

(4) If a hunter transfers possession of a harvested deer, or if the harvested deer is out of the hunter's possession, the hunter shall attach to the carcass a hand-made tag that contains the following information:

(a) The confirmation number;

(b) The hunter's name; and

(5) A person shall not provide false information while:

(a) Completing the hunter's log;

(b) Checking a deer; or

Section 11. Transporting and Processing Deer.

(1) A person shall:

(a) Not transport an unchecked deer out of Kentucky;

(b) Have proof that a deer or parts of deer brought into Kentucky were legally taken; or

Fur buyer;
Fur processor; or
Taxidermist.

(2) A taxidermist or an individual who commercially butchers deer shall not accept a deer carcass or any part of a deer without a valid disposal permit issued by the department pursuant to KRS 150.411(3) or a proper carcass tag as established in Section 10 of this administrative regulation.

(3) An individual who commercially butchers deer shall keep accurate records of the hunter's name, address, confirmation number, and date received for each deer in possession and retain the records for a period of one (1) year.

Section 12. Special Deer Hunt Program.

(1) A special deer hunt shall:

(a) Consist of a minimum of ten (10) novice deer hunters selected on a first-come, first-served basis;

(b) Take place on private land with the permission of the landowner;

(d) Take place during the archery deer season.

(2) A special deer hunt participant shall possess a valid hunting license and deer permit, except if the participant is license-exempt, as established in KRS 150.170.

Section 13. Antlers.

(1) A person shall not use a device that is designed to entangle or trap the antlers of a deer.

(2) A shed of a deer shall be legal to possess.

Section 14. CWD Surveillance Zone Requirements.

(1) A CWD Surveillance Zone shall be limited to an area surrounding the location(s) of CWD positive cervid detections as biologically and logistically necessary to monitor and combat the spread of CWD. The areas designated as part of the CWD Surveillance Zone shall be published on the department's Web site at fw.ky.gov.

(2) In any area identified as a CWD Surveillance Zone, the following requirements shall be effective:

(a) In addition to items in Sections 10 and 11 above a hunter harvesting deer in a CWD Surveillance Zone shall:

Transport the entire carcass or the entire head; and
Telecheck confirmation number to a KDFWR authorized check station in the CWD Surveillance Zone during the identified time periods as advertised by the department at https://fw.ky.gov.

(b) A hunter harvesting deer in a CWD Surveillance Zone shall not:

Transport a full carcass or any part thereof outside of the CWD Surveillance Zone, except deboned meat, clean skull plates, antlers, antlers attached to a clean skull plate, clean skulls, clean teeth, finished taxidermy work, and hides of legally harvested cervids; or
Bait or feed any wildlife inside the CWD Surveillance Zone, except for:

a. Normal agricultural practices, including food plots;

b. Hanging bird feeders within the curtilage of the home; and

c. Furbearer trapping attractants, except grain salt or mineral.

History

RELATES TO: KRS 150.010, 150.170, 150.177, 150.180, 150.411(3), 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.170, 150.175, 150.390(1)
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply to a limited area or the entire state. KRS 150.170 authorizes exemptions for certain people from hunting license and permit requirements. KRS 150.175 requires the department to promulgate administrative regulations relating to the kinds of licenses and permits listed in the statute. KRS 150.390(1) prohibits the taking of deer in any manner contrary to any provisions of KRS Chapter 150 or KAR Title 301. This administrative regulation establishes deer hunting seasons and zones, bag limits, legal methods of taking, and checking and recording requirements for deer hunting.
History: 301 KAR 002:172. 21 Ky.R. 2569; eff. 5-10-1995; 22 Ky.R. 1874; eff. 6-6-1996; 23 Ky.R. 3870; eff. 7-9-1997; 24 Ky.R. 2741; 25 Ky.R. 300; eff. 8-17-1998; 2653; eff. 7-14-1999; 27 Ky.R. 203; 746; eff. 8-24-2000; 3142; eff. 7-16-2001; 28 Ky.R. 2415; eff. 7-15-2002; 29 Ky.R. 2520; 2872; eff. 6-16-2003; 30 Ky.R. 983; 2559; eff. 1-5-2004; 31 Ky.R. 344; eff. 8-26-2004; 1708; 1985; 32 Ky.R. 56; eff. 7-13-2005; 1470; 1883; eff. 5-5-2006; 33 Ky.R. 3444; eff. 8-6-2007; 34 Ky.R. 2439; 35 Ky.R. 26; eff. 7-9-2008; 2351; 2671; eff. 7-6-2009; 36 Ky.R. 2080-A; 2316; eff. 6-3-2010; 37 Ky.R. 2467, eff. 6-2-2011; 38 Ky.R. 1475; 1725; eff. 5-4-2012; 40 Ky.R. 1878; 2289; eff. 5-2-2014; 41 Ky.R. 1873; 2092; eff. 6-5-2015; 42 Ky.R. 2449; eff. 5-6-2016; 43 Ky.R.1442, 1731; eff. 5-5-2017; 44 Ky.R. 2370; 45 Ky.R. 652; eff. 10-5-2018; 45 Ky.R. 2434, 3058; eff. 5-31-2019; 48 Ky.R. 2866, 49 Ky.R. 330; eff. 8-18-2022; 50 Ky.R. 438, 1262; eff. 2-22-2024; 51 Ky.R. 1310; eff. 6-18-2025; 52 Ky.R. 479; eff. 3-3-2026.

301 KAR 2:176 Wildlife causing damage and landowner designee process {#sec-301-kar-2-176 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:176}

Section 1. Definitions.

(1) "Carcass tag" means a tag affixed to the carcass that allows the individual who legally takes the animal to move the carcass, utilize the edible parts of the same, or transfer possession to another individual.

(2) "Control tag" means a tag issued by the department that authorizes an individual to take wildlife during an open hunting or trapping season for the species causing damage.

(3) "Destruction tag" means an authorization issued by the department that authorizes a landowner or designee to take wildlife outside of an open hunting or trapping season for the species causing damage.

(4) "Department representative" means a department employee who is a wildlife biologist or game warden.

(5) "Designee" means a person who has been designated by a landowner and approved by the commissioner to remove wildlife causing damage on the landowner's property.

(6) "Food plot" means a crop or cultivated plants grown to attract and feed wildlife.

(7) "Landowner" means the person who has title to a particular property.

Section 2. Qualifying for Control Tags.

(1) A landowner shall qualify for control tags if:

(a) Hunting or trapping for the species occurred on the property during the previous season;

(b) Standard deterrent measures recommended by a department representative have proven ineffective or are impractical;

(d) Hunting or trapping seasons and bag limits are determined by a department representative to be inadequate to control wildlife populations on the property.

(2) A department representative shall make an on-site inspection of each property for which a request for control tags has been made, unless the property:

(a) Has been previously inspected by a department representative and the landowner affirms that wildlife damage still exists; or

(b) Is immediately adjacent to property assessed by a department representative as having severe wildlife damage.

(3) The department shall not issue control tags to a landowner whose only damage is to a food plot.

Section 3. Applying for Control Tags.

(1) A landowner shall request control tags by contacting the department through:

(a) A game warden; or

(b) The wildlife biologist for the county in which the property is located.

(2) If required by Section 2 of this administrative regulation, a department representative shall visit the property and assess the nature and extent of wildlife damage.

Section 4. Number of Control Tags Issued.

(1) The Wildlife Division shall determine the number of control tags to be issued for each property based on the recommendation of the department representative.

(2) The department shall not issue a control tag if:

(a) The county hunting or trapping season is adequate to achieve the desired reduction in wildlife numbers; or

(b) Crop, property, or environmental damage is not present.

Section 5. Transfer of Control Tags.

(1) Control tags shall be issued in the landowner's name.

(2) A landowner:

(a) May transfer a control tag to another person; and

(b) Shall require hunters or trappers to sign a control tag after an animal has been taken.

Section 6. Use of Control Tags.

(1) A control tag shall not be valid except on the property for which it was issued.

(2) A control tag shall expire after the license year for which it was issued.

(3) A person who uses a control tag:

(a) Shall have in possession a valid:

Control tag; and
Hunting or trapping license, as applicable for the method of take, and permit for the species causing damage, if applicable, unless exempt from license or permit requirements pursuant to KRS 150.170 or 301 KAR 3:120; and
Proof of hunter education if required by 301 KAR 2:185.

(b) May use control tags during any open hunting or trapping season for the species;

(c) Shall comply with weapon and season requirements as established in 301 KAR 2:132, 2:142, 2:144, 2:172, 2:251, or 2:300, except that antlered deer or elk may not be taken; and

(d) Shall submit the head of harvested deer or elk to the department as determined by a department representative for Chronic Wasting Disease testing if the animal was taken inside of a Chronic Wasting Disease Surveillance Zone.

(4) Wildlife taken with a control tag shall not count toward the zone or statewide bag limit as established in 301 KAR 2:132, 2:142, 2:144, 2:172, 2:251, or 2:300.

(5) Traps used to take wildlife with a control tag shall:

(a) Be tagged and checked as established in KRS 150.400 and 150.410; and

(b) Comply with trap requirements as established in 301 KAR 2:251.

Section 7. Destruction Tags.

(1) The Wildlife Division may issue a destruction tag:

(a) To a person authorized by the commissioner to remove wildlife that are or may become a public safety or environmental threat or that have entered a permitted captive cervid facility;

(b) To a landowner or the designee:

Who continues to experience damage after using control tags; or
Whose property cannot be hunted legally and wildlife are posing a public safety or environmental threat;

Whose fence meets the fencing and holding requirements in 301 KAR 2:083; and
Who has attempted to remove wild deer using nonlethal methods or statewide deer seasons as established in 301 KAR 2:172; or

(d) If a department representative determines that out of season take is warranted to curtail damage after conducting the initial site visit as established in Section 3 of this administrative regulation.

(2) A destruction tag shall specify the:

(a) Number and sex of wildlife to be destroyed if the species causing damage is sexually dimorphic;

(b) Method of destruction;

(d) Dates during which the destruction will take place.

(3) A destruction tag shall not be issued without the recommendation of a department representative and the approval of the commissioner.

(4) A person who uses a destruction tag shall:

(a) Have in possession a valid:

Destruction tag;
Hunting or trapping license for the species causing damage , unless exempt from license or permit requirements pursuant to KRS 150.170 or 301 KAR 3:120;
Proof of hunter education if required by 301 KAR 2:185; and
Completed Wildlife Damage Designee Form for the property in which wildlife are being removed;

(b) Attach to each carcass a carcass tag that contains the confirmation number, hunter's name, and telephone number;

(d) Relinquish to the department, destroy, or leave afield all inedible parts;

(e) Telecheck the animal by midnight on the day the animal was recovered if telecheck is ordinarily required for the species taken;

(f) Submit the head of harvested deer or elk to the department as determined by a department representative for Chronic Wasting Disease testing if the animal was taken inside of a Chronic Wasting Disease Surveillance Zone; and

(g) Not take wildlife causing damage at night unless specified by a department representative and approved by the commissioner in writing on the Wildlife Damage Designee Form.

(5) A destruction tag shall not be used except as established on the authorization.

(6) A person who receives a destruction tag for species other than bear, bobcat, deer, elk, river otter, or turkey shall:

(a) Complete a Wildlife Destruction Tag Reporting Form issued by the department; and

(b) Submit the completed form to the department at # 1 Sportsman's Lane, Frankfort, Kentucky 40601, ATTN: Wildlife Destruction Tag Report, within fourteen (14) days after the expiration date designated on the destruction tag.

Section 8. Designee Procedures,Requirements and Denial Process.

(1) A landowner may appoint a designee to kill wildlife causing damage on the landowner's land.

(2) The landowner and designee shall complete and submit to the department a Wildlife Damage Designee Form.

(3) The department shall have thirty (30) days upon receipt of the Wildlife Damage Designee Form to approve or deny a designee.

(4) The department shall deny a designee that:

(a) Has received a felony conviction; or

(b) Has been convicted of any state or federal wildlife violation during the previous three (3) years.

Section 9. Denial or Revocation of Control Tags or Destruction Tag and Appeal Procedures.

(1) The department shall revoke a control tag or destruction tag or deny a future tag to a person who fails to comply with the requirements of this administrative regulation.

(2) An individual whose request for a tag has been denied or revoked may request an administrative hearing, which shall be conducted pursuant to KRS Chapter 13B.

(3) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or the revocation.

(4) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(5) The hearing officer's recommended order shall be considered by the commissioner, and the commissioner shall issue a final order pursuant to KRS Chapter 13B.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Wildlife Damage Designee Form", 2025 edition; and

(b) "Out-of-Season Wildlife Destruction Reporting Form", 2025 edition.

(a) Wildlife Damage Designee Form: https://fw.ky.gov/Wildlife/Documents/Wildlife-Damage-Designee-Form.pdf;

(b) Out-of-Season Wildlife Destruction Reporting Form: https://fw.ky.gov/Wildlife/Documents/Out-Season-Wildlife-Destr-Rpt-Form.pdf.

History

RELATES TO: KRS 150.010, 150.175, 150.360, 150.390, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.105, 150.170(7), 150.186
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the commissioner with approval of the commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
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 and methods of take, and to make these requirements apply to a limited area. KRS 150.105 authorizes the commissioner with the approval of the commission to destroy or bring under control wildlife causing damage. KRS 150.170(7) authorizes landowners, their spouses or dependent children, or a designee to destroy wildlife causing damage. It also authorizes the department to promulgate administrative regulations that establish procedures for the designee appointment process. This administrative regulation establishes the requirements for the issuance of wildlife control tags and destruction tags and establishes the requirements for the landowner designee appointment process.
History: 301 KAR 002:176. 35 Ky.R. 347; 794; eff. 10-8-2008; 41 Ky.R. 1876; 2087; eff. 5-1-2015; 42 Ky.R. 2935; 43 Ky.R. 200; eff. 8-4-2016; 44 Ky.R. 2576; eff. 10-5-2018; 52 Ky.R. 1196,1695; eff. 6-4-2026.

301 KAR 2:178 Deer hunting on public properties {#sec-301-kar-2-178 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:178}

Section 1. Definitions.

(1) "Adult" means a person who is at least eighteen (18) years of age.

(2) "Bait" means a substance composed of grains, minerals, salt, fruits, vegetables, hay, or any other food materials, whether natural or manufactured, that may lure, entice, or attract wildlife.

(3) "Centerfire" means a type of gun that detonates a cartridge by the firing pin striking a primer in the middle of the end of the cartridge casing.

(4) "Ground blind" means a structure consisting of a frame and a top that is placed on the ground to completely enclose a hunter while hunting deer.

(5) "In-line muzzleloader" means a gun:

(a) Capable of being loaded only from the discharging end of the barrel or cylinder; and

(b) That is equipped with an enclosed ignition system located directly behind the powder charge.

(6) "Mentor hunt" means a quota youth hunt in which the adult who accompanies a youth may legally take a deer.

(7) "Mobility-impaired" means an individual who meets the requirements of 301 KAR 3:026, Section 2(1).

(8) "Modern gun" means an air gun, rifle, handgun, or shotgun that is loaded from the rear of the barrel.

(9) "Modern gun season" means the sixteen (16) consecutive day period beginning the second Saturday in November during which a modern gun may be used to take deer pursuant to 301 KAR 2:172.

(10) "Muzzleloader" means a rifle, shotgun, or handgun that is loaded from the discharging end of the barrel or discharging end of the cylinder.

(11) "Quota hunt" means a hunt in which a participant is selected by a random drawing.

(12) "Quota youth hunt" means a quota hunt in which a youth is the only person who can legally take a deer.

(13) "Statewide requirements" mean the season dates, zone descriptions, and other requirements for deer hunting as established in 301 KAR 2:172.

(14) "Wildlife management area" or "WMA" means a tract of land:

(a) Controlled by the department through ownership, lease, license, or cooperative agreement; and

(b) That has "Wildlife Management Area" or "WMA" as part of its official name.

(15) "Youth" means a person under the age of sixteen (16) by the date of the hunt.

(16) "Youth gun seasons" means the October youth gun season and the December free youth weekend, as established in 301 KAR 2:172.

Section 2. General WMA Requirements.

(1) Unless established in this administrative regulation, statewide requirements shall apply.

(2) Except as established in Section 6 of this administrative regulation, if a WMA is in two (2) or more deer hunting zones, as established in 301 KAR 2:172, then the WMA shall be regulated by the most liberal zone requirements of the zones in which it lies.

(3) Deer hunting on WMAs listed in Section 6 of this administrative regulation shall be permitted only as established in this administrative regulation, except archery and crossbow hunting shall be allowed pursuant to the statewide requirements established in 301 KAR 2:172, unless otherwise noted.

(4) If a WMA is:

(a) Listed in Section 6 of this administrative regulation, then gun hunting shall be prohibited, unless otherwise noted; and

(b) Not listed in Section 6 of this administrative regulation, then statewide deer hunting requirements shall apply.

(5) An antlerless deer shall not count against a person's statewide or zone bag limit if harvested during:

(a) The Grayson Lake WMA open youth hunt; or

(b) Any WMA or state park either-sex quota hunt.

(6) An open gun deer hunt, beginning on the Wednesday following the third Monday in January for ten (10) consecutive days, shall:

(a) Be limited to members of the United States Armed Forces and the National Guard and reserve component who:

Are residents of Kentucky or nonresidents stationed in Kentucky; and
Were deployed out-of-country during any portion of the most recent regular statewide deer season;

(b) Only be on a WMA designated as open for this special hunt; and

(7) On all WMAs a person:

(a) Attaching a tree stand or climbing a tree shall not use a:

Nail;
Spike;
Screw-in device;
Wire; or
Tree climber;

(b) May use a portable stand or climbing device;

Not place a portable stand in a tree more than two (2) weeks before opening day; and
Remove a portable stand within one (1) week following the last day of each hunting period;

(d) Shall plainly mark the portable stand with the hunter's customer identification number;

(e) Shall not use an existing permanent tree stand;

(f) Shall not place, distribute, or hunt over bait; and

(g) Shall not hunt in a ground blind, if gun deer hunting is allowed, without first attaching a hat or vest made of solid, unbroken hunter orange material to the blind so that it is visible from all sides.

(h) Shall not deer hunt on a WMA or a portion of the same, that is closed by signage.

(8) A person without a valid quota hunt confirmation number shall not enter a WMA during a quota hunt on that area except:

(a) To travel through a WMA on an established road or to use an area designated open by a sign;

(b) To accompany a youth who is hunting in a youth or mentor quota hunt;

(c) That one (1) assistant, who shall not be required to have applied for the quota hunt, may accompany a hunter who was drawn to hunt, but shall check in and out as established in Section 5 of this administrative regulation; or

(d) To participate in small game hunting or the October shotgun segment of the fall turkey season during the archery and crossbow quota hunt on Big Rivers, Cane Creek, or Higginson-Henry WMAs.

(9) Except for waterfowl or dove hunting, or legal hunting at night, a person who is hunting any species, or a person who is accompanying a hunter, shall wear hunter orange clothing pursuant to 301 KAR 2:172 while:

(a) On a WMA or state park if gun deer hunting is allowed;

(b) Hunting within the sixteen (16) county elk zone when a firearms elk season is open, pursuant to 301 KAR 2:132; or

Section 3. General Quota Hunt Procedures.

(1) A quota hunt applicant who is not selected and applies to hunt the following year shall be given one (1) preference point for each year the applicant was not selected.

(2) If selected for a quota hunt, a person shall lose all accumulated preference points.

(3) A random selection of hunters with preference points shall be made for each year's quota hunts before those without preference points are chosen.

(4) A person shall forfeit all accumulated preference points if, in a given year, the person does not apply for or is ineligible to apply for:

(a) A deer quota hunt; and

(b) The no-hunt option.

(5) A person who applies for the no-hunt option shall:

(a) Not be drawn for a quota hunt; and

(b) Be given one (1) preference point for each year the no-hunt option is selected.

(6) If applying as a party:

(a) Each applicant's preference points shall be used to calculate an average point total for the party; and

(b) A party with a higher preference point average will be randomly selected before a party with a lower preference point average.

(7) There shall be a maximum of ten (10) percent of nonresidents drawn in each quota hunt pool.

(8) The commissioner shall extend the application deadline if technical difficulties with the automated application system prevent applications from being accepted for one (1) or more days during the application period.

(9) A hunter may take up to two (2) deer on a quota hunt in Zones 2, 3, and 4, only one (1) of which may be an antlered deer, except as established in Section 6 of this administrative regulation.

(10) If a hunter has purchased the appropriate permits, a hunter may take unlimited antlerless deer in:

(a) WMA quota hunts in Zone 1; and

(b) State Park quota hunts in Zone 1, except as established in Section (7) of this administrative regulation.

Section 4. Quota Hunt Application Process. A person applying for a quota hunt shall:

(1) Complete the quota hunt application process on the department's Web site at https://fw.ky.gov/Hunt/Pages/Quota-Hunts.aspx between September 1 and September 30; and

(2) Select:

(a) A first and second choice of hunts; or

(b) The no-hunt option; and

(3) Pay a nonrefundable application fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022; and

(4) Not apply more than one (1) time; and

(5) Not apply as a group of more than five (5) persons.

Section 5. Quota Hunt Participant Requirements. Except as otherwise established in this administrative regulation, a person selected to participate in a quota hunt shall:

(1) Possess, unless exempted pursuant to KRS 150.170:

(a) A valid annual Kentucky hunting license; and

(b) A deer permit that authorizes the taking of deer with the equipment being used and in accordance with the zone restrictions where the hunt will occur;

(2) Hunt on the assigned dates and in assigned areas selected by a random drawing of applicants if applicable;

(3) Comply with hunting equipment restrictions specified by the type of hunt;

(4) Check in at the designated check station prior to hunting:

(a) Either:

On the day before the hunt, between noon and 8 p.m. local time; or
On the day of the hunt, between 5:30 a.m. and 8 p.m. Eastern time; and

(b) With documentation of the participant's:

Proof of identification or draw confirmation number; and
Purchase of a current license or permit which allows or includes statewide deer hunting privileges;

(5) Check out at the designated check station:

(a) If finished hunting;

(b) If the hunter's bag limit is reached; or

(6) Take a harvested deer to the designated check station by 8 p.m. Eastern time the day the deer was harvested;

(7) Be declared ineligible to apply for the next year's drawing if the hunter or the hunter's assistant fails to check out properly;

(8) Telecheck a harvested deer or check a harvested deer on the department's Web site at fw.ky.gov if there is not a designated check station at the quota hunt; and

(9) Comply with all species quota hunt requirements or be ineligible to apply for any quota hunt or no-hunt option for these species the following year.

Section 6. Wildlife Management Area Requirements.

(1) Dr. Norman and Martha Adair WMA.

(2) Ballard WMA.

(a) On the main tract, the quota hunt shall be for two (2) consecutive days beginning on the first Saturday in November.

(b) On the main tract, the archery, crossbow, and October youth gun seasons shall be open pursuant to statewide requirements through October 14, except that the two (2) mile driving loop marked by signs shall be closed to all hunting.

(c) The archery, crossbow, modern gun, youth gun, and muzzleloader seasons shall be open pursuant to statewide requirements only on the 400-acre tract south of Sallie Crice Road.

(d) A quota hunt participant shall be given one (1) preference point for each antlerless deer checked in, up to a maximum of four (4) points.

(3) Beaver Creek WMA.

(a) The quota hunt shall be for two (2) consecutive days beginning the first Saturday in November.

(b) The limit shall be one (1) antlered deer during the quota hunt.

(4) Big Rivers WMA.

(a) The youth gun seasons shall be open pursuant to statewide requirements.

(b) There shall be a firearms quota hunt for two (2) consecutive days beginning the first Saturday in November.

(c) The archery and crossbow quota hunt shall begin on October 25 and continue through November 30, except that it shall be closed beginning the Friday before the two (2) day quota hunt as established in paragraph (b) of this subsection.

(d) A person shall:

Obtain a vehicle tag from the department prior to participating in the archery and crossbow quota hunt as established in paragraph (c) of this subsection; and
Display the vehicle tag in the windshield of the vehicle while hunting.

(5) Boatwright WMA. The area shall be open pursuant to statewide requirements, except that on the Swan Lake Unit the:

(a) Archery, October youth gun, and crossbow seasons shall only be open through October 14; and

(b) December free youth weekend shall be closed.

(6) Cane Creek WMA.

(a) The youth gun seasons shall be open pursuant to statewide requirements.

(b) There shall be an unstaffed firearms quota hunt for two (2) consecutive days beginning the first Saturday in November.

(c) The archery and crossbow unstaffed quota hunt shall begin on October 25 and continue through November 30, except that it shall be closed beginning the Friday before the two (2) day quota hunt as established in paragraph (b) of this subsection.

(d) A person shall:

Obtain a vehicle tag from the department prior to participating in the quota hunts as established in paragraphs (b) and (c) of this subsection; and
Display the vehicle tag in the windshield of the vehicle while hunting.

(7) Cedar Creek Lake WMA.

(8) Clay WMA.

(a) On the main tract, muzzleloader and youth gun seasons shall be open pursuant to statewide requirements, except archery hunting shall be prohibited during the quota fox hunting field trials as established in 301 KAR 2:049.

(b) The remainder of the WMA shall be open pursuant to statewide requirements for the archery, crossbow, muzzleloader, and youth gun seasons, except during the quota deer hunt.

(d) A quota hunt participant shall be given one (1) preference point for each antlerless deer checked-in, up to a maximum of four (4) points.

(e) Hunters drawn for the quota hunt may harvest up to four (4) deer, only one (1) of which may be antlered.

(9) Decker WMA.

(10) Dewey Lake WMA.

(a) The December muzzleloader and youth gun seasons shall be open pursuant to statewide requirements.

(b) Guns shall be prohibited for deer hunting on the:

Western side of the lake, north of the Terry Boat Ramp; and
Eastern side of the lake, north of the ridge that begins across the lake from the Terry Boat Ramp, and extends eastward to the WMA boundary.

(d) There shall be a limit of one (1) antlered and one (1) antlerless deer during the quota hunt.

(11) Dix River WMA. The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(12) Fishtrap Lake WMA.

(a) The quota hunt shall be for two (2) consecutive days beginning on the Saturday before Thanksgiving.

(b) The limit for the quota hunt shall be one (1) deer.

(13) Grayson Lake WMA.

(a) An open youth hunt shall:

Be the first Saturday in November for two (2) consecutive days; and
Have a two (2) deer bag limit, only one (1) of which may be an antlered deer.

(b) A person who has not checked in shall not enter the Grayson Lake WMA during the open youth hunt, except to:

Travel through the WMA on an established public road; or
Use an area designated as open by signs.

(c) The crossbow season shall be from the first Saturday in September through the third Monday in January, except that the archery and crossbow seasons shall be closed during the November open youth hunt.

(d) The youth gun seasons shall be open pursuant to statewide requirements.

(e) The muzzleloader seasons shall be open pursuant to statewide requirements.

(14) Green River Lake WMA and Dennis-Gray WMA.

(a) The youth gun seasons shall be open pursuant to statewide requirements.

(b) The quota hunt shall be for two (2) consecutive days beginning the first Saturday in November.

(c) A quota hunt participant shall be given one (1) preference point for each antlerless deer checked in, up to a maximum of four (4) points.

(d) Fifteen (15) openings shall be reserved in the quota hunt for mobility-impaired persons.

(e) The Green River Lake and Dennis-Gray WMAs shall be considered to be located in the Eastern Time Zone.

(f) The December muzzleloader season shall be open pursuant to statewide requirements.

(15) Griffith Woods WMA. The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(16) Higginson-Henry WMA.

(a) The youth gun seasons shall be open pursuant to statewide requirements.

(b) There shall be a firearms quota hunt for two (2) consecutive days beginning the first Saturday in November.

(c) The archeryand crossbow quota hunt shall begin on October 25 and continue through November 30, except that it shall be closed beginning the Friday before the two (2) day quota hunt as established in paragraph (b) of this subsection.

(d) A person shall:

Obtain a vehicle tag from the department prior to participating in the archery and crossbow quota hunt as established in paragraph (c) of this subsection; and
Display the vehicle tag in the windshield of the vehicle while hunting.

(17) J.C. Williams WMA. The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(18) Kentucky River WMA.

(a) The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(b) There shall be a quota hunt for two (2) consecutive days beginning on the first Saturday in November.

(19) Kleber WMA.

(a) The quota hunts shall be for:

Two (2) consecutive days beginning the first Saturday in November; and
Two (2) consecutive days beginning the first Saturday in December.

(b) The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(20) Knobs State Forest WMA. The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(21) Lake Barkley WMA shall be open pursuant to statewide requirements except:

(a) The North Refuge shall be closed from November 1 to February 15; and

(b) Duck Island shall be closed from October 15 to March 15, except that it shall be open for the October muzzleloader season, pursuant to statewide requirements.

(22) Livingston County WMA. The youth gun, muzzleloader, and modern gun seasons shall be open pursuant to statewide requirements, except a person shall not hunt deer with a modern gun during the modern gun deer season.

(23) Curtis Gates Lloyd WMA.

(a) The December muzzleloader and youth gun seasons shall be open pursuant to statewide requirements.

(b) There shall be an unstaffed firearms quota hunt beginning the second Saturday in November for eight (8) consecutive days.

Obtain a vehicle tag from the department prior to participating in the archery and crossbow quota hunt as established in paragraph (b) of this subsection; and
Display the vehicle tag in the windshield of the vehicle while hunting.

(24) Mill Creek WMA.

(a) The youth gun seasons shall be open pursuant to statewide requirements.

(b) The modern gun season shall be open pursuant to statewide requirements for two (2) consecutive days beginning the second Saturday in November.

(25) Miller-Welch Central Kentucky WMA.

(26) Mullins WMA. The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(27) Ohio River Islands WMA, Stewart Island Unit.

(a) The muzzleloader season shall be for two (2) consecutive days beginning the third Saturday in October.

(b) The archery season shall be from the first Saturday in September through October 14.

(d) The October youth gun season shall be open pursuant to statewide requirements.

(e) The remainder of the WMA shall be open pursuant to statewide requirements.

(28) Paintsville Lake WMA.

(a) The quota hunt shall be for two (2) consecutive days beginning the first Saturday in November.

(b) The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

The area extending eastward from the drainage of Glade Branch, along the north edge of the lake, to the No Hunting Area surrounding Rocky Knob Recreation Area and enclosing all property from the WMA boundary downslope to the lake edge; and
The islands to the south and that portion of the area extending eastward along the south edge of the lake from the drainage of Shoal Branch to the No Hunting Area surrounding the dam and ranger station, and extending downslope to the edge of the lake.

(29) Peabody WMA.

(a) The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(b) The modern gun season shall be open pursuant to statewide requirements for ten (10) consecutive days beginning the second Saturday in November.

(30) Pennyrile State Forest-Tradewater WMA.

(a) There shall be a quota hunt for two (2) consecutive days beginning on the first Saturday in November.

(b) A quota hunt participant shall be given one (1) preference point for each antlerless deer checked in, up to a maximum of four (4) points.

(31) Ping-Sinking Valley WMA. The December muzzleloader and youth gun seasons shall be open pursuant to statewide requirements.

(32) Pioneer Weapons WMA. Statewide requirements shall apply except that a person:

(a) Shall not use a modern gun;

(b) Shall not use an in-line muzzleloader;

(d) May use a crossbow during the entire archery season; and

(e) Shall use only open or iron sights on any weapon.

(33) Redbird WMA.

(a) The youth gun seasons shall be open pursuant to statewide requirements.

(b) The modern gun season shall be open pursuant to statewide requirements for two (2) consecutive days beginning the second Saturday in November.

(34) Dr. James R. Rich WMA.

(a) There shall be a quota hunt for two (2) consecutive days beginning on the first Saturday in:

November; and
December; and

(b) The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(35) Robinson Forest WMA.

(a) A person shall not hunt deer on the main block of Robinson Forest.

(b) The remainder of the WMA shall be open pursuant to statewide requirements.

(36) Rockcastle River WMA.

(a) The youth gun seasons shall be open pursuant to statewide requirements.

(b) The modern gun season shall be open pursuant to statewide requirements for two (2) consecutive days beginning the second Saturday in November.

(37) Sloughs WMA.

(a) On the Sauerheber Unit, the archery, crossbow, muzzleloader, and youth gun seasons shall be open pursuant to statewide requirements through October 31.

(b) The remainder of the WMA shall be open pursuant to statewide requirements.

(38) South Shore WMA.

(a) The youth gun, October muzzleloader, and modern gun seasons shall be open pursuant to statewide requirements through November 14, except that the use of centerfire rifles and handguns shall be prohibited.

(b) The archery and crossbow seasons shall be open pursuant to statewide requirements, except that the area shall be closed November 15 through January 15.

(39) T.N. Sullivan WMA. The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(40) Taylorsville Lake WMA.

(a) There shall be a quota hunt for two (2) consecutive days beginning the first Saturday in:

November; and
December.

(b) Seven (7) openings shall be reserved in each quota hunt for mobility-impaired persons.

(c) A quota hunt participant shall be given one (1) preference point for each antlerless deer checked in, up to a maximum of four (4) points.

(d) The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(41) Twin Eagle WMA. The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

(42) Paul Van Booven WMA.

(43) Veteran's Memorial WMA.

(a) The December muzzleloader and youth gun seasons shall be open pursuant to statewide requirements.

(b) There shall be a quota hunt for two (2) consecutive days beginning the first Saturday in November.

(44) West Kentucky WMA.

(a) Tracts 2 - 7 shall be open pursuant to statewide requirements for the archery and crossbow seasons, except that the statewide archery and crossbow seasons shall be closed during department administered quota or mentor deer hunts.

(b) Tracts 2-6 shall be open to shotgun and muzzleloader hunters participating in the quota hunt.

(c) Tract 7 and "A" tracts shall not be open for department administered quota or mentor deer hunts, except as established in paragraph (d) of this subsection.

(d) The "A" tracts shall be open to shotgun hunters participating in the mentor hunt.

(e) The quota hunt shall be for four (4) consecutive days beginning the Saturday prior to Thanksgiving.

(f) There shall be a mentor hunt for four (4) consecutive days beginning the Saturday prior to Thanksgiving in which:

There shall be no more than two (2) youths per adult;
There shall be no more than one (1) adult per youth; and
The adult may take a deer.

(g) Gun hunters shall not use centerfire rifles or handguns.

(h) All persons shall check in daily at the designated check-in locations before entering the "A" tracts.

(i) A participant in the quota or mentor hunt shall:

Sign in for the hunting tract of his or her choice at check-in prior to each day's hunt; and
Not hunt outside of that tract, except after noon.

(45) Yellowbank WMA. The youth gun and muzzleloader seasons shall be open pursuant to statewide requirements.

Section 7. State Park Deer Seasons and Requirements.

(1) A state park may allow archery and crossbow hunting from the first Saturday in September through the third Monday in January for antlered or antlerless deer.

(2) A state park may allow up to sixteen (16) days of modern gun hunting and up to eleven (11) days of muzzleloader hunting from the first Saturday in September through the third Monday in January for antlered or antlerless deer.

(3) A person shall not hunt on a state park unless:

(a) Selected by a random drawing as established in Section 3 of this administrative regulation; or

(b) The person is a member of a successful applicant's quota hunt party; or

(4) A person participating in a state park quota hunt shall:

(a) Check in and check out as required in Section 5 of this administrative regulation;

(b) Furnish at check-in a driver's license or other form of government-issued identification or if the individual is a juvenile, be accompanied by an adult who furnished such an identification; and

(c) Not be eligible to apply for a quota hunt the following year if the person does not check out as required in Section 5 of this administrative regulation.

(d) Comply with the hunter orange and weapon requirements established in 301 KAR 2:172;

(e) Check a harvested deer by completing the telecheck or online check-in process as established in 301 KAR 2:172; and

(5) A person participating in a state park deer hunt shall not:

(a) Take more than one (1) antlered deer;

(b) Hunt over bait;

A tree stand except a portable stand;
Climbing devices that nail or screw to the tree; or
Climbing spikes;

(d) Leave a deer stand unattended for more than twenty-four (24) hours;

(e) Discharge a gun within 100 yards of a maintained road or building; or

(f) Hunt:

In an area posted as closed by signs or maps;
Outside park boundaries; or
From a ground blind, if gun deer hunting is allowed, unless first attaching a hat or vest made of solid, unbroken hunter orange material to the blind so that it is visible from all sides.

(6) A person participating in a state park deer hunt or in possession of harvested wildlife on state park property shall comply with all posted state park rules and regulations concerning the possession, storage, or disposal of harvested wildlife.

(7) If a state park is in two (2) or more deer hunting zones, as established in 301 KAR 2:172, then the state park shall be regulated by the most liberal zone requirements of the zone in which it lies.

Section 8. Other Public Lands.

(1) On Daniel Boone National Forest, Jefferson National Forest, and Land Between the Lakes, a person shall not use bait.

(2) The areas established in paragraphs (a) through (h) of this subsection may schedule a gun, crossbow, or archery deer hunting season between September 1 and January 31:

(a) Big South Fork National River and Recreation Area;

(b) Clark's River National Wildlife Refuge;

(d) Green River National Wildlife Refuge

(e) Jefferson National Forest;

(f) Land Between the Lakes National Recreation Area;

(g) Ohio River Islands National Wildlife Refuge; and

(h) Reelfoot National Wildlife Refuge.

(3) An area listed in subsection (2) of this section may issue a bonus permit for antlered or antlerless deer, which shall:

(a) Not count against a hunter's statewide bag limit; and

(b) Only be issued for a hunt that is open to the general public.

(4) At Land Between the Lakes, a person:

(a) Shall not take more than:

Two (2) deer during archery hunts; and
One (1) deer during quota hunts;

(b) Who is a quota deer hunter shall:

Apply in advance at Land Between the Lakes; and
Only hunt from one-half (1/2) hour before sunrise until one-half (1/2) hour after sunset; and

Check in the carcass pursuant to U.S. Forest Service requirements; and
Affix a game check card pursuant to U.S. Forest Service requirements.

(5) At Reelfoot National Wildlife Refuge:

(a) On the Long Point Unit, a valid hunting license and deer permit from either Kentucky or Tennessee shall be required for deer hunting.

(b) Zone 1 bag limits shall apply during the open archery season and quota youth hunt;

(c) A person shall not take more than two (2) deer by gun during the quota hunt, only one (1) of which shall be antlered;

(d) A quota gun hunt participant shall:

Tag deer as instructed by the Refuge; and
Comply with the Refuge check-in requirements; and

(e) A person who is archery hunting or in a quota youth hunt shall:

Only take deer using the appropriate statewide or additional deer permit; and
Check harvested deer through the department's telephone or online check-in systems.

(6) At Twin Knobs Campground, the area shall be closed to all statewide seasons, except that there shall be a quota hunt on the second Saturday in December during odd-numbered years for mobility-impaired persons.

(7) At Zilpo Campground, the area shall be closed to all statewide seasons, except that there shall be a quota hunt on the second Saturday in December during even-numbered years for mobility-impaired persons.

Section 9. Special Areas under Federal Control.

(1) The areas established in paragraphs (a) through (e) of this subsection may schedule a gun, archery, or crossbow deer hunting season between September 1 and January 31:

(a) Bluegrass Army Depot;

(b) Fort Campbell;

(d) Hidden Valley Training Center; and

(e) Wendell Ford Regional Training Center.

(2) An area listed in subsection (1) of this section may issue a bonus permit for antlered or antlerless deer, which shall:

(a) Not count against a hunter's statewide bag limit; and

(b) Only be issued for a hunt that is open to the general public.

(3) Except on the Hidden Valley Training area, on the areas listed in subsection (1) of this section, a deer hunter shall:

(a) Obtain a permit from the area before hunting;

(b) Only hunt on assigned dates;

(d) Tag deer with tags issued on the area, unless otherwise established in this section;

(e) Keep the area tag attached to the deer until the carcass is processed; and

(f) Check deer at a designated check station before leaving the area.

(4) At Bluegrass Army Depot, a person shall not take an antlered deer whose outside antler spread is less than fifteen (15) inches.

(5) At Fort Knox, a person shall:

(a) Not take an antlered deer whose outside antler spread is less than twelve (12) inches;

(b) Not use bait; and

(c) Record harvested deer on a Fort Knox harvest log and check harvested deer pursuant to area requirements and as established in 301 KAR 2:172.

(6) At Hidden Valley Training Area, a person shall not use a gun to hunt deer.

History

RELATES TO: KRS 150.010, 150.170, 150.340, 150.370(1), 150.990
STATUTORY AUTHORITY: 148.029(5), 150.025(1), 150.390(1), 150.620
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 148.029(5) authorizes the Department of Parks, in cooperation with the Department of Fish and Wildlife Resources, to implement wildlife management plans on state parks. KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits, and to make these requirements apply to a limited area. KRS 150.390(1) prohibits the taking of deer in any manner contrary to any provisions of KRS Chapter 150 or KAR Title 301. KRS 150.620 authorizes the department to promulgate administrative regulations for the maintenance and operation of the lands it has acquired for public recreation. This administrative regulation establishes deer hunting seasons, application procedures, and other matters pertaining to deer hunting on Wildlife Management Areas, state parks, other public lands, and federally controlled areas that differ from statewide requirements.
History: 301 KAR 002:178. 21 Ky.R. 2571; eff. 5-10-1995; Am. 1877; eff. 6-6-1996; 23 Ky.R. 3873; eff. 7-9-1997; 24 Ky.R. 2744; eff. 8-17-1998; 25 Ky.R. 2655; 26 Ky.R. 44; eff. 7-14-1999; 27 Ky.R. 206; 748; eff. 8-24-2000; 3336; 28 Ky.R. 360; eff. 8-15-2001; 2646; eff. 8-12-2002; 29 Ky.R. 2523; 2874; eff. 6-16-2003; 30 Ky.R. 985; 2562; eff. 1-5-2004; 31 Ky.R. 345; eff. 8-26-2004; 832; eff. 1-4-2005; 1711; 32 Ky.R. 58; eff. 7-13-2005; 32 Ky.R. 2101; 33 Ky.R. 96; eff. 7-12-2006; 3447; eff. 8-6-2007; 34 Ky.R. 2442; 35 Ky.R. 28, eff. 7-9-2008; 2354; 2673; eff. 7-6-2009; 36 Ky.R. 2084-A; 2316; eff. 6-3-2010; 37 Ky.R. 2065; 2568; eff. 6-3-11; 38 Ky.R. 1478; 1727; eff. 5-4-2012; 39 Ky.R. 1769; eff. 5-3-2013; 40 Ky.R. 1881; 2291; eff. 5-2-2014; 41 Ky.R. 91; eff. 9-4-2014; 1873; 2092; eff. 6-5-2015; 42 Ky.R. 2452; eff. 5-6-2016; 43 Ky.R. 1661, 2128; eff. 7-6-2017; 44 Ky.R. 2091, 2318; eff. 6-1-2018; 45 Ky.R. 2765, 3060; eff. 5-31-2019; 50 Ky.R. 1768; eff. 6-6-2024; 50 Ky.R. 1799; eff. 6-6-2024; 52 Ky.R. 276; eff. 11-6-2025.

301 KAR 2:185 Hunter education {#sec-301-kar-2-185 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:185}

Section 1. Definitions.

(1) "Adult" means a person who is at least eighteen (18) years old.

(2) "Hunter education certification" means a credential earned if a person has successfully completed the hunter education requirements.

(3) "Hunter education exemption permit" means a permit issued by the department that allows a person who is required to obtain a hunter education certification to hunt for a period of one (1) year from the date obtained.

Section 2. Hunter Education Certification.

(1) Unless exempt pursuant to Section 3 of this administrative regulation or license-exempt pursuant to KRS 150.170, a person born on or after January 1, 1975 shall carry proof of a valid hunter education certification while hunting in Kentucky.

(2) A person who is less than twelve (12) years old hunting without a hunter education certification shall be accompanied by an adult who is in position to take immediate control of the firearm or hunting equipment and who:

(a) Has a hunter education certification; or

(b) Is exempt from hunter education requirements.

(3) An adult shall not accompany more than two (2) hunters under twelve (12) years old at any one (1) time.

Section 3. Hunter Education Exemptions.

(1) A person who is required to have hunter education, may obtain a temporary hunter education exemption permit, which shall be obtained from the department.

(2) A person hunting with a valid temporary hunter education exemption permit shall:

(a) Carry the permit while hunting; and

(b) Be accompanied by an adult who is in position to take immediate control of the firearm or hunting equipment and who:

Is carrying proof of hunter education certification; or
Was born before January 1, 1975.

(3) The department shall not issue more than one (1) hunter education exemption certificate to any individual.

Section 4. Hunter Education Requirements.

(1) In order to obtain a Kentucky hunter education certification, a person shall:

(a) Obtain and possess a certificate of completion or its equivalent for course work meeting the standards of the International Hunter Education Association from another state, province, or country; or

(b) Complete a department sanctioned hunter education series by:

Attending an entire in-person or online department-sanctioned hunter education course;
Correctly answering at least eighty (80) percent of the questions on a department-sanctioned exam; and
Safely participating in department-sanctioned live fire exercise unless exempted as established in clauses a. and b. of this subparagraph.

a. A person shall be exempted from a live fire exercise if he or she:

(i) Currently serves in the Armed Forces of the United States of America;

(ii) Is a Veteran of the Armed Forces of the United States of America; or

(iii) Is a Kentucky peace officer as established in KRS 15.380 and certified as established in KRS 15.404.

b. A person shall provide one (1) of the following documents to the department to verify eligibility for the live fire exercise exemption:

(i) Current front and back copy of his or her military identification card; or

(ii) Copy of an Armed Forces veteran's DD Form 214; or

(iii) Copy of an Armed Forces veteran's DD Form 256; or

(iv) A letter from the certified peace officer's employer on an official letterhead stating the individual is employed by the agency and is a peace officer as established in KRS 15.380 and certified as established in KRS 15.404.

(2) A person shall be at least nine (9) years old to take the department-sanctioned exam and department-sanctioned live fire exercise.

History

RELATES TO: KRS 150.010, 150.015, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.170
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate bag limits, creel limits, and methods of take, and to make these requirements apply to a limited area. This administrative regulation establishes the requirements for hunter education.
History: 17 Ky.R. 1259; eff. 11-15-1990; Am. 28 Ky.R. 2052; eff. 5-16-2002; 29 Ky.R. 2131; 2487; 2879; eff. 6-16-2003; 33 Ky.R. 3243; 3603; eff. 6-13-2007; 39 Ky.R. 1299; eff. 3-8-2013; Crt eff. 2-25-2020; 49 Ky.R. 880, 1417; eff. 2-2-2023.

301 KAR 2:195 Falconry, raptor take, and raptor propagation {#sec-301-kar-2-195 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:195}

Section 1. Definitions.

(1) "Adult" means a raptor that is at least one (1) year old.

(2) "Captive-bred raptor" means a raptor, or the eggs thereof, hatched in captivity from parents in captivity.

(3) "Eyas" means a young raptor that is still in the nest and not capable of flight.

(4) "Falconry" means caring for and training wild or captive-bred raptors for the pursuit of wild game.

(5) "Hack" means the temporary release of a raptor held for falconry to the wild so that it can survive on its own.

(6) "Hybrid raptor" means an offspring produced by two (2) distinct raptor species.

(7) "Imprinted" means a raptor that has been hand-raised by a human in isolation from the sight of other raptors from two (2) weeks of age through fledging.

(8) "Native raptor" means a raptor species which has historically existed or currently exists in the wild in Kentucky without introduction by humans.

(9) "Passage bird" means a raptor less than one (1) year of age that is capable of sustained flight and is no longer dependent on parental care.

(10) "Wild raptor" means a raptor that was originally taken from the wild.

Section 2. Federal requirements. Except as established in Sections 3 through 11 of this administrative regulation, a person shall be in compliance with the federal requirements established in 50 C.F.R. Parts 13, 17, 21, and 22.

Section 3. Permits and Licenses.

(1) A person shall be required to obtain and possess a valid falconry permit to take or possess a raptor for use in falconry.

(2) A raptor obtained with a valid falconry permit shall not be used or kept for purposes other than falconry.

(3) A person with a valid state or federal falconry permit:

(a) May take wildlife pursuant to applicable statewide requirements if the falconer:

Has a valid Kentucky hunting license; or
Is hunting license exempt pursuant to KRS 150.170; and

(b) Shall not be required to obtain a wildlife transportation permit pursuant to 301 KAR 2:081 and 2:082 if the person:

Is importing or transporting a legally held falconry raptor into Kentucky; or
Is transporting a legally held falconry raptor into and through Kentucky to a destination outside of Kentucky.

Section 4. Falconry Permit Requirements, Classes of Permits, and Apprentice Sponsors.

(1) To obtain a falconry permit of any class, a person shall:

(a) Complete a Kentucky Falconry Permit Application form provided by the Department; and

(b) Submit to the department:

The completed application;
The appropriate fee, as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022; and
A completed Raptor Facilities and Equipment Inspection Report form signed by a department conservation officer, department biologist, or department approved representative.

(2) An apprentice falconry permit applicant shall:

(a) Be at least twelve (12) years old;

(b) Obtain a sponsor who holds a valid Kentucky general or master falconry permit pursuant to subsection (12) of this section;

(d) Contact the department to schedule a time to take a written exam administered by the department;

(e) Provide photo identification prior to taking the exam;

(f) Complete the written exam within ninety (90) minutes;

(g) Only take the written exam one (1) time in a given day; and

(h) Pass the written examination by scoring a minimum of eighty (80) percent.

(3) An applicant shall not take more than three (3) exams in any twelve (12) month period.

(4) A person shall submit an application within twelve (12) months of passing the falconry exam, or the application shall be invalid.

(5) An apprentice class falconry permit holder shall:

(a) Only possess one (1) of the following wild or captive-bred raptors at any given time:

American kestrel (Falco sparverius);
Red-tailed hawk (Buteo jamaicensis);
Red-shouldered hawk (Buteo lineatus); or
Harris's hawk (Parabuteo unicinctus);

(b) Not possess a raptor:

Taken from the wild as a nestling; or
That is imprinted on humans; and

(6) A general class falconry permit applicant shall:

(a) Be at least sixteen (16) years old;

(b) If under eighteen (18) years old, have a parent or legal guardian co-sign the application;

(d) Have complied with all previous year reporting requirements, if applicable, pursuant to Section 7 of this administrative regulation.

(7) A first time general class permit applicant shall:

(a) Submit to the department a completed Kentucky Apprentice Falconer Activity Report;

(b) Practice falconry with a wild raptor at the apprentice level for at least two (2) years; and

(c) Maintain, train, and hunt with a raptor for an average of six (6) months per year with at least four (4) months in each year.

(8) A general class falconry permit holder shall:

(a) Be allowed to possess the following:

A raptor obtained from the wild;
A hybrid raptor; or
A captive-bred raptor; and

(b) Not possess more than three (3) of the following raptors at any given time:

Great horned owl (Bubo virginianus); or
Any member of the Order Falconiformes, except for the following species which shall not be possessed:

a. Golden eagle (Aquila chrysaetos);

b. Bald eagle (Haliaeetus leucocephalus);

c. White-tailed eagle (Haliaeetus albicilla); or

d. Stellar's sea eagle (Haliaeetus pelagicus).

(9) A master class falconry permit applicant shall:

(a) Have held a valid general class falconry permit for at least five (5) years; and

(b) Have complied with all previous year reporting requirements, pursuant to Section 7 of this administrative regulation.

(10) A first time master class permit applicant shall submit to the department a completed Kentucky General Falconer Upgrade Report, signed by the applicant and one (1) reference who is a permitted master or general class falconer, attesting that the applicant has practiced falconry:

(a) At the general class permit level for at least five (5) years; and

(b) For an average of four (4) months a year, in at least four (4) out of the last five (5) years.

(11) A master class falconry permit holder:

(a) Shall not possess more than five (5) of the following wild raptors at any given time:

Great horned owl; and
Any member of the Order Falconiformes except a bald eagle;

(b) Shall obtain prior approval from the department pursuant to the requirements of 50 C.F.R. 21 and 22 to possess any of the following raptors:

Golden eagle;
White-tailed eagle; or
Stellar's sea eagle; and

(12) An apprentice sponsor shall:

(a) Not have more than three (3) apprentices at any given time;

(b) Be at least eighteen (18) years old;

(d) Have held a general class falconry permit for a minimum of two (2) years; and

(e) Submit a signed letter to the department:

Attesting that the sponsor will assist the apprentice in:

a. Learning about the husbandry and training of raptors held for falconry;

b. Learning relevant wildlife laws and regulations;

c. Deciding which species of raptor is most appropriate for the apprentice to possess;

d. Providing direct supervision to the apprentice while trapping wild raptors; and

e. Evaluating the apprentice's facility and bird a minimum of one (1) time every twelve (12) months; and

Containing the sponsor's:

a. Name;

b. Falconry permit number;

c. Address; and

d. Telephone number.

(13) A sponsor who is withdrawing sponsorship of an apprentice shall:

(a) Notify the department in writing within five (5) days of withdrawing the sponsorship; and

(b) Provide the apprentice with a signed and dated document stating the length of time that the apprentice practiced falconry under the sponsor's guidance.

(14) An apprentice who loses sponsorship shall obtain a new sponsor within thirty (30) days from the sponsor's notification of withdrawal.

(15) A new sponsor shall be in compliance with the requirements established in subsection (7) of this section.

(16) If an apprentice fails to obtain a new sponsor within thirty (30) days, the department shall:

(a) Revoke the apprentice's falconry permit; and

(b) Confiscate any raptor in the apprentice's possession if the apprentice does not transfer ownership of the raptor to another licensed falconer.

(17) A non-resident falconer who moves to Kentucky to establish residency shall apply for the appropriate Kentucky falconry permit within thirty (30) days after moving.

(18) A resident falconry applicant who is a new resident of the United States shall obtain the appropriate Kentucky falconry permit by:

(a) Meeting the application requirements established in subsection (1) of this section;

(b) Contacting the department to schedule a time to take a written examination administered by the department;

(d) Providing to the department written documentation of previous falconry experience including:

The number of years the applicant has practiced falconry;
The raptor species used in falconry; and
The game species taken with falconry.

(19) A person who held a valid Kentucky falconry permit within the last five (5) years, but has allowed the permit to lapse, may apply for reinstatement at the class level previously held by:

(a) Complying with the application requirements established in subsection (1) of this section; and

(b) Providing the department with proof of previous certification at that class level.

(20) An apprentice or general falconer whose Kentucky falconry permit has lapsed for a period greater than five (5) years may apply for reinstatement at the class level previously held by:

(a) Complying with the application requirements established in subsection (1) of this section;

(b) Complying with the examination requirements established in subsection (2) of this section; and

(21) A master class permittee whose Kentucky falconry permit has lapsed for a period greater than five (5) years will be reinstated at the general class level, provided he satisfies the application requirements in subsection (1) of this section.

(a) A person formerly permitted at the master class level and reinstated at the general class level shall actively practice falconry for an average of four (4) months a year in at least two (2) out of the last three (3) years prior to upgrading to a master class permit.

(b) A person applying for master class reinstatement shall:

Submit to the department a Kentucky General Falconer Upgrade Report;
Have complied with all previous years' reporting requirements, as established in Section 7; and
Provide the department with proof of previous certification at the master class level.

(22) A falconry permit holder shall not be required to pay the permit fee referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022 if the permit holder's current permit has not yet expired and the permit holder is applying for:

(a) An upgrade to the next falconry class; or

(b) A facility relocation.

Section 5. Facility, Equipment, and Care Requirements.

(1) A falconry permit holder shall comply with all federal requirements established in 50 C.F.R. Part 21 for the permit holder's:

(a) Facility;

(b) Equipment; and

(2) A permittee shall keep all:

(a) Raptors in humane and healthy condition; and

(b) Facilities and equipment in serviceable, safe, and sanitary condition, as established in 50 C.F.R. Part 21.

(3) A falconry permit holder who is relocating a raptor facility shall:

(a) Notify the department within five (5) business days of relocation; and

(b) Have a relocated raptor facility inspected and approved by a department conservation officer, department biologist, or department approved representative within thirty (30) days of relocation.

(4) A department conservation officer, department biologist, or department approved representative shall only inspect a raptor facility:

(a) In the presence of the permit holder;

(b) On a weekday; and

Section 6. Banding, Tagging, and Telemetry Requirements.

(1) A falconry permit holder shall comply with federal banding, tagging, and telemetry requirements established in 50 C.F.R. Part 21.

(2) A falconry permit holder who is required by federal regulations to band a raptor shall:

(a) Contact the department to request leg bands at least fifteen (15) days prior to obtaining a raptor; and

(b) Only use U.S. Fish and Wildlife Service leg bands that are issued by the department.

(3) A falconry permit holder shall attach at least two (2) radio transmitters to a hybrid raptor if the permit holder is flying it untethered in the wild.

Section 7. Raptor Take and Release, Recordkeeping, and Reporting Requirements.

(1) Unless exempted by KRS 150.170, a Kentucky falconry permit holder shall have in possession a valid Kentucky hunting license if taking a raptor from the wild.

(2) If taking a raptor from the wild, a nonresident shall have in possession:

(a) A valid Kentucky nonresident hunting license;

(b) A valid falconry permit or equivalent from the nonresident's home state; and

(3) To obtain a Kentucky Nonresident Raptor Take Form, a person shall:

(a) Print a copy of the form from the department's Web site at fw.ky.gov; or

(b) Contact the department at 800-858-1549 and request a mailed copy.

(4) A person shall submit to the department a completed and signed Kentucky Nonresident Raptor Take Form at least fifteen (15) working days prior to the requested take date.

(5) A falconry permit holder shall be responsible for complying with all applicable federal requirements if taking raptors on federal land.

(6) A falconry permit holder who is a nonresident shall only take one (1) legal raptor in Kentucky per calendar year.

(7) An approved Kentucky Nonresident Raptor Take Form shall only be issued to a person whose state of residence allows a Kentucky resident to legally take a raptor from that state.

(8) A nonresident falconer who takes a raptor in Kentucky shall submit to the department a completed and signed Falconry Take Location Report within five (5) days of taking a bird.

(9) A licensed falconer shall comply with all raptor take requirements established in 50 C.F.R. 21 in addition to the requirements established in this section.

(10) A resident falconry permit holder shall not take more than two (2) raptors from the wild in any calendar year.

(11) An eyas shall only be taken:

(a) By a general or master class falconry permit holder; and

(b) From January 1 through July 31.

(12) A person shall not take more than one (1) sharp-shinned hawk (Accipter striatus) eyas per calendar year.

(13) There shall be an annual maximum quota for sharp-shinned hawk eyases of:

(a) Ten (10) for Kentucky residents; and

(b) Five (5) for nonresidents.

(14) Prior to taking a sharp-shinned hawk eyas, a person shall be responsible for calling the department at 800-858-1549 to check if the sharp-shinned hawk eyas annual quota has been reached.

(15) A person shall not take a sharp-shinned hawk eyas from a nest unless there are at least three (3) eyases in the nest.

(16) Each person who takes a sharp-shinned hawk eyas shall submit to the department the Falconry Take Location Report within five (5) days of possession.

(17) Any permit class falconer may take a passage bird if it is a species the falconer is allowed to possess as established in Section 4 of this administrative regulation.

(18) The allowable period of take for:

(a) A passage bird, other than a great horned owl, shall be September 1 through January 31;

(b) An adult or passage bird great horned owl shall be September 1 through October 31; and

(19) An adult American kestrel or adult great horned owl shall only be taken by a:

(a) General class permit holder; or

(b) Master class permit holder.

(20) A person shall not release the following raptors into the wild:

(a) A non-native raptor;

(b) A hybrid raptor; or

(21) Prior to releasing a raptor into the wild, a person shall remove all leg bands from the bird, except that a falconer who intends to release a wild caught peregrine falcon previously used in falconry shall contact the department's Falconry Coordinator to:

(a) Have the department band the bird with a permanent band; and

(b) Release the bird only in a county approved in writing by the department's Falconry Coordinator.

(22) A falconry permit holder shall complete and submit to the department a federal form 3-186A or enter the required information in the federal database at https://epermits.fws.gov/falcP/ within five (5) days if a raptor is:

(a) Acquired;

(b) Transferred;

(d) Lost;

(e) Rebanded;

(f) Microchipped;

(g) Stolen; or

(h) Dead.

(23) A falconer shall retain copies of each submitted 3-186A form or the electronically submitted data for a minimum of five (5) years following a raptor's:

(a) Transfer;

(b) Release;

(d) Death.

Section 8. Transfer of Ownership and Propagation.

(1) A falconry permit holder may transfer ownership of a wild-caught raptor pursuant to 50 C.F.R. Part 21, but shall not engage in the following activities with wild-caught raptors:

(a) Selling;

(b) Purchasing;

(d) Bartering.

(2) A falconry permit holder may transfer a wild-caught raptor to a person who possesses a valid federal raptor propagation permit if:

(a)

The raptor has been used in falconry for at least one (1) year for the following species:

a. Sharp-shinned hawk;

b. Cooper's hawk (Accipter cooperii);

c. Merlin (Falco columbarius); or

d. American kestrel; or

The raptor has been used in falconry for at least two (2) years for all other legal species of raptor; and

(b) The person receiving the transferred bird possesses a valid state captive wildlife permit.

(3) A person who legally possesses a captive-bred raptor may engage in the activities listed in subsection (1)(a) through (d) of this section if:

(a)

The transferred bird is marked with a metal leg band; or
The transferred bird is implanted with a microchip pursuant to 50 C.F.R. Part 21; and

(b) The person in receipt of the bird possesses:

The appropriate class falconry permit; or
A valid federal raptor propagation permit.

(4) A person shall not breed or propagate a native raptor without first obtaining:

(a) A federal raptor propagation permit, pursuant to 50 C.F.R. Part 21; and

(b) The appropriate Kentucky captive wildlife permit, pursuant to 301 KAR 2:081.

(5) A person who is propagating a native raptor shall submit to the department copies of all the following materials required by 50 C.F.R. Part 21:

(a) The raptor propagation application;

(b) Propagation records; and

(6) The materials required in subsection (5) of this section shall be submitted to the department by the same dates required in 50 C.F.R. Part 21.

Section 9. Other Activities.

(1) A falconry permit holder may use a raptor for conservation education programs, pursuant to 50 C.F.R. Part 21.

(2) A falconry permit holder who is in compliance with the permit requirements for Special Purpose Abatement, pursuant to 50 C.F.R. Part 21, may receive payment for nuisance wildlife control work if the permit holder also possesses a valid Kentucky Commercial Nuisance Wildlife Control permit, pursuant to 301 KAR 3:120.

(3) A person may assist a permitted wildlife rehabilitator, as established in 301 KAR 2:075, in conditioning raptors for subsequent release into the wild if the person is:

(a) A general or master class falconry permit holder; and

(b) Working with a species the falconry permit holder is allowed to possess.

(4) A general or master class permit holder may hack a raptor, previously used for falconry, if the permit holder is in compliance with 50 C.F.R. 21 and contacts the department to provide the information established in paragraph (a) through (d) of this subsection:

(a) The hack site location;

(b) The species of raptor;

(d) The planned hacking dates.

Section 10. Passage Tundrius Peregrine Falcon Take Opportunity Drawing.

(1) Dependent upon the number of passage tundrius peregrine falcon take opportunities allocated to the department by the U.S. Fish and Wildlife Service, the department shall administer a random drawing annually for the passage tundrius peregrine falcon take opportunities allocated.

(2) One passage tundrius peregrine falcon take opportunity, authorizing the take of one (1) passage tundrius peregrine falcon, will be awarded per drawn falconer.

(3) To be eligible for the passage tundrius peregrine falcon take opportunity drawing, falconers shall:

(a) Be a resident of Kentucky;

(b) Have a valid Kentucky resident hunting license or be license exempt, as established in KRS 150.170;

(d) Submit to the department a complete and accurate online application at fw.ky.gov by July 31; and

(e) Not have been convicted of violating any Kentucky falconry regulation in the past five (5) years.

(4) The department shall notify the drawn falconer, by their preferred method of contact as indicated on the application, no later than August 15.

(5) Upon notification, drawn falconers shall contact the department's Falconry Coordinator by phone or email within ten (10) calendar days to accept the passage tundrius peregrine falcon take opportunity. Failure to accept a passage tundrius peregrine falcon take opportunity within ten (10) calendar days shall result in a forfeiture of the passage tundrius peregrine falcon take opportunity.

(6) If the passage tundrius peregrine falcon take opportunity is forfeited, the department shall conduct additional random drawings until the passage tundrius peregrine falcon take opportunity is accepted or until the take period has passed, as established in this section.

(7) If a passage tundrius peregrine falcon take opportunity is awarded and accepted, the drawn falconer shall:

(a) Carry on his or her person an authorization letter provided by the department to take one (1) passage tundrius peregrine falcon;

(b) Only take a passage tundrius peregrine falcon between September 20 and October 20 of the year the passage tundrius peregrine falcon take opportunity is awarded;

(c) Not take or attempt to take a passage tundrius peregrine falcon from a county in which the trapping of a passage tundrius peregrine falcon is prohibited, as established by the department;

(d) Immediately release any captured peregrines of non-tundrius subspecies or birds with a band or research marker, except that bands and research marker information shall be photographed or otherwise recorded and reported to the department within forty-eight (48) hours of release;

(e) Report to the department's Falconry Coordinator the take of a passage tundrius peregrine falcon within twenty-four (24) hours by phone or email at FWFalconry@ky.gov;

(f) Within ten (10) calendar days of taking of a passage tundrius peregrine falcon, make arrangements for the department to:

Inspect the passage tundrius peregrine falcon. If the captured falcon is determined not to be a passage tundrius peregrine falcon, the bird shall be surrendered to the department on site; and
Band the captured passage tundrius peregrine falcon with a U.S. Fish and Wildlife Service falconry band; and

(g) Not be eligible to participate in the random drawing for the subsequent two (2) years.

(8) The passage tundrius peregrine falcon take opportunity is nontransferable.

Section 11. Revocation of Permits and Appeal Procedure.

(1) The department shall revoke the permit, deny the issuance of a new permit, or deny a renewal of an existing or lapsed permit for a period of one (1) year of a person who:

(a) Violates any provision of KRS Chapter 150;

(b) Violates any department administrative regulation;

(d) Falsifies a falconry permit application.

(2) A person whose permit is denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

(3) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or revocation.

(4) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(5) The hearing officer's recommended order shall be considered by the commissioner and the commissioner shall issue a final order pursuant to KRS Chapter 13B.

Section 12. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky Falconry Permit Application", May 2025 edition;

(b) "Raptor Facilities and Equipment Inspection Report", 2013 edition;

(d) "Kentucky Nonresident Raptor Take Form", 2013 edition;

(e) "Kentucky Apprentice Falconer Activity Report", 2018 edition;

(f) "Kentucky General Falconer Upgrade Report", 2018 edition;

(g) "Kentucky Passage Tundrius Peregrine Falcon Falconry Take Opportunity Application", 2019 edition; and

(h) "Kentucky Counties Where Trapping Of Passage Tundrius Peregrine Falcons Is Prohibited", 2019 edition.

(a) Kentucky Falconry Permit Application: https://fw.ky.gov/Licenses/Documents/Falconry-App.pdf;

(b) Raptor Facilities and Equipment Inspection Report: https://fw.ky.gov/Wildlife/Documents/falconryinspectionform.pdf;

(d) Kentucky Nonresident Raptor Take Form: https://fw.ky.gov/Wildlife/Documents/Nonresraptortakeform.pdf;

(e) Kentucky Apprentice Falconer Activity Report: https://fw.ky.gov/Wildlife/Documents/Kentucky_Apprentice_Falconer_Activity_Report.pdf;

(f) Kentucky General Falconer Upgrade Report: https://fw.ky.gov/Wildlife/Documents/Kentucky_General_Falconer_Upgrade_Report.pdf;

(g) "Kentucky Passage Tundrius Peregrine Falcon Falconry Take Opportunity Application: https://app.fw.ky.gov/specialDrawing/Wildlife/falcon.aspx;

(h) "Kentucky Counties Where Trapping Of Passage Tundrius Peregrine Falcons Is Prohibited: https://fw.ky.gov/Wildlife/Documents/Falconry-Prohibited-Trapping-Counties.pdf.

History

RELATES TO: KRS 13B, 150.010, 150.170, 150.180, 150.183, 150.290, 150.305, 150.320, 150.330, 150.360
STATUTORY AUTHORITY: KRS 150.025(1), 150.280(1), 50 C.F.R. Parts 13, 17, 21, 22
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations establishing open seasons for the taking of wildlife, bag limits, and methods of taking wildlife, and to make these requirements apply to a limited area. KRS 150.280(1) requires the department to promulgate administrative regulations establishing procedures for propagating and holding of protected wildlife. 50 C.F.R. Parts 13, 17, 21, and 22 establish requirements for permitting, taking, possessing, and selling of raptors and endangered and threatened species. This administrative regulation establishes permitting, taking, possessing, and reporting requirements for people engaged in falconry and raptor propagation.
History: 301 KAR 002:195. 18 Ky.R. 948; 1331; eff. 10-22-1991; 33 Ky.R. 3456; eff. 8-6-2007; 39 Ky.R. 1776; 2018; eff. 5-3-2013; 44 Ky.R. 1646; 1989; eff. 4-6-2018; 46 Ky.R. 2109, 2621; eff. 6-30-2020; 52 Ky.R. 283, 725; eff. 11-6-2025.

301 KAR 2:221 Waterfowl seasons and limits {#sec-301-kar-2-221 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:221}

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 is at least eighteen (18) years of age.

(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 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;

(d) The city limits of 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:

100 yards of another blind; or
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;

(d) Two (2) black ducks;

(e) Two (2) redheads;

(f) Three (3) pintails ;

(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

(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 season for waterfowl shall be from Thanksgiving Day through the last Sunday in February.

(2) The daily limit shall be three (3) waterfowl.

(3) The possession limit shall be nine (9) waterfowl.

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) For the waterfowl season, the Saturday before Thanksgiving and the second Saturday in February shall be exclusive to youth hunters.

(2) A youth hunter shall be accompanied by an adult.

(3) If hunting, youth hunters shall comply with the provisions of 301 KAR 2:221 and 301 KAR 2:222 and also hunt on the applicable additional 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; or

Section 10. A Special Veterans and active Military Personnel Waterfowl Hunting Season.

(1) For the waterfowl season, the Sunday before Thanksgiving and the second Sunday in February shall be exclusive to veterans or active military personnel hunters.

(2) If hunting, veteran or active-duty military hunters shall comply with the provisions of 301 KAR 2:221 and 301 KAR 2:222 and also hunt on the applicable additional 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.

(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.

History

RELATES TO: KRS 150.010(45), 150.025(1), 150.305(1), 150.330, 150.340(1), (3), 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.360, 150.600, 50 C.F.R. 20, 21
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
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.
History: 301 KAR 002:221. 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; 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; 51 Ky.R. 1955; eff. 9-18-2025.

301 KAR 2:222 Waterfowl hunting requirements on public lands {#sec-301-kar-2-222 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:222}

Section 1. Definitions.

(1) "Blind" means a:

(a) Concealing enclosure;

(b) Pit; or

(2) "Department blind" means a permanently fixed blind structure built by the department.

(3) "Drawn hunter" means a hunter who applied for a limited-access hunt and was selected by the department to participate in the hunt.

(4) "Guest hunter" means a hunter invited by a waterfowl permit holder to participate in a limited-access hunt.

(5) "Hunt site" means a specific location where waterfowl hunting is allowed, as assigned by the department or the U.S. Army Corps of Engineers and marked with a sign.

(6) "Hunt unit" means a tract of land with defined boundaries where a party may hunt waterfowl as approved by the department.

(7) "Limited-access hunt" means a hunting opportunity where public access is limited by the department to those who are selected in a random drawing.

(8) "Party" means:

(a) A person hunting alone; or

(b) Two (2) to four (4) people who share a department blind, hunt unit, or hunt site.

(9) "Permanent blind" means a blind left in place by a waterfowl hunter longer than twenty-four (24) hours.

(10) "Quota hunt" means a class of limited-access hunt that includes the word quota in the name of the hunt as established in administrative regulation.

(11) "Regular waterfowl season" means the open waterfowl season that does not include the Light Geese Conservation Order season, special youth waterfowl season, special veterans and active military personnel waterfowl season, or the September wood duck, teal, and Canada goose seasons as established in 301 KAR 2:221 and 2:225.

(12) "Special commission waterfowl permit holder" means a person who has been assigned a special commission permit for waterfowl, issued pursuant to 301 KAR 3:100, which allows the permit recipient to participate in the waterfowl quota hunt and receive priority selection for hunting dates during hunts at Ballard and Sloughs WMAs.

(13) "Waterfowl permit holder" means a special commission waterfowl permit holder or drawn hunter who has been assigned to a limited-access department blind, hunt unit, or hunt site by the department or the U.S. Army Corps of Engineers.

(14) "Wildlife Management Area" or "WMA" means a tract of land:

(a) Controlled by the department through ownership, lease, license, or cooperative agreement; and

(b) That has "Wildlife Management Area" or "WMA" as part of its official name.

Section 2. Waterfowl Seasons on Wildlife Management Areas.

(1) Waterfowl season provisions shall apply, as established in 301 KAR 2:221 and 301 KAR 2:225, except as established in this section or in Section 3 of this administrative regulation.

(2) On a wildlife management area, a person hunting waterfowl shall not:

(a) Establish or hunt from a permanent waterfowl blind;

(b) Hunt within 200 yards of another legal waterfowl hunting party;

(d) Hunt on an area marked by sign as closed to hunting;

(e) Enter an area marked by signs as closed to public access; or

(f) Hunt a species on an area marked by signs as closed to hunting for that species.

(3) More than one (1) party shall not occupy a waterfowl blind or hunt site.

(4) A party shall remove decoys and personal items daily, except that a party assigned a multi-day hunt may choose to leave decoys in place for the duration of the hunt.

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

(6) Restrictions established in this section shall not apply to a falconer if regular waterfowl season, special youth waterfowl season, or special veteran's active military personnel season, as established in 301 KAR 2:221, are not open.

Section 3. Wildlife Management Area Requirements.

(1) The provisions of this section shall not apply to a waterfowl hunting season that opens prior to October 15, as established in 301 KAR 2:225.

(2) On wildlife management areas in Ballard County:

(a) The shotgun shell possession limit shall be twenty-five (25);

(b) At least one (1) person in each party shall be eighteen (18) years of age or older; and

Not hunt on Monday, Tuesday, Christmas Eve, Christmas Day, or New Year's Day;
Hunt in a party that includes a waterfowl permit holder;
Hunt in the department blind, hunt unit, or hunt site assigned to that waterfowl permit holder through a drawing as established in Section 4 of this administrative regulation;
Hunt in close proximity to other party members so that each member of the party is within twenty-five (25) feet of another party member and no two (2) party members are more than seventy-five (75) feet apart;
Stop hunting and exit the hunting area by 2 p.m. during the regular waterfowl season, except as authorized by the department as necessary due to flooding, weather, or other safety concerns; and
Check out of the area by accurately completing the Daily Post-hunt Survey provided by the department and submitting the survey at the department-designated drop point by 3 p.m. the day of the hunt or be declared ineligible to hunt in a department limited-access waterfowl hunt for the remainder of the current and following waterfowl season.

(3) Ballard WMA.

(a) Ballard WMA shall be closed to the public from October 15 through March 15, except for persons participating in department-managed activities.

(b) During periods of high water or flood, the public shall not enter upon the premises of the Ballard WMA by boat for any purpose. High water or flood conditions shall not affect or change the management area boundary.

(c) A person hunting waterfowl shall not hunt waterfowl on the Ohio River from fifty (50) yards upstream of the northern border of Ballard WMA to fifty (50) yards downstream from the southern border of Ballard WMA from October 15 through March 15.

(4) Boatwright WMA.

(a) The Swan Lake Unit shall be closed to the public from October 15 through March 15, except for persons participating in department-managed activities.

(b) The area open to hunting during the regular waterfowl season shall be open for the Light Geese Conservation Order season as established in 301 KAR 2:221.

(d) Boatwright WMA shall be closed to boats from December 1 through January 31, except for persons participating in department-managed activities.

(5) Lake Barkley WMA.

(a) A permanent blind shall only be established within ten (10) yards of a hunt site.

(b) Waterfowl refuge areas:

The area west of the Cumberland River channel, as marked by buoys, between river mile 51, at Hayes Landing Light, south to the Tennessee Valley Authority's power transmission lines at river mile 55.5, shall be closed from November 1 through February 15; and
The area within Honker Bay and Fulton Bay, as marked by buoys and signs, shall be closed from November 1 through March 15.

On Duck Island; or
Within 200 yards of Duck Island.

(6) Barren River Lake WMA. A person hunting waterfowl:

(a) May use a breech-loading shotgun along the shoreline of the Peninsula Unit; and

(b) Shall not use a breech-loading firearm elsewhere on the area.

(7) Big Rivers WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

(8) Cedar Creek WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

(9) Miller Welch-Central Kentucky WMA. A person shall not hunt waterfowl from October 15 through January 14.

(10) Lake Cumberland WMA. The following sections shall be closed to the public from October 15 through March 15:

(a) The Wesley Bend area, bounded by Fishing Creek, Beech Grove Road, and Fishing Creek Road; and

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

(11) Dix River WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

(12) Doug Travis WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

(c) A person hunting waterfowl shall stop hunting and exit the hunting area by 2 p.m. during the regular waterfowl season, except as authorized by the department as necessary due to flooding, weather, or other safety concerns.

(d) On Black Lake, Fish Lake, Forked Lake, Indian Camp Lake, Number Four Lake, Town Creek Moist Soil Unit, Twin Ponds Moist Soil Unit, and Upper Goose Pond Field, all waterfowl hunting shall be from a permanent blind or within ten (10) yards of a hunt site assigned by the department through a drawing as established in Section 4 of this administrative regulation.

(13) Grayson Lake WMA. 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.

(14) Green River Lake WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

(15) Kaler Bottoms WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

(16) Kentucky River WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

(17) Land Between the Lakes National Recreation Area.

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

Long Creek Pond;
The eastern one-third (1/3) of Smith Bay, as marked by buoys; and
The eastern two-thirds (2/3) of Duncan Bay, as marked by buoys.

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

The Environmental Education Center; and
Energy Lake.

Inland from the water's edge of Kentucky Lake or Barkley Lake; or
From a boat on a flooded portion of Land Between the Lakes when the lake level is above an elevation of 359 feet.

(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:

On an inland area; or
Along the Kentucky Lake shoreline of Land Between the Lakes.

(18) Obion Creek WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

(19) Ohio River Islands WMA.

(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 the power line crossing at approximately river mile 911.5.

(b) Stewart Island shall be closed to public access from October 15 through March 15.

(d) A person shall not enter a hunting area prior to 4 a.m. daily.

(20) Peabody WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

The Sinclair Mine area, bounded by Hwy 176, the haul road, and Goose Lake Road; and
The Ken area, bounded by Wysox Road, H2 Road, H1 Road, and H6 Road.

(21) Pioneer Weapons WMA. A person hunting waterfowl:

(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.

(22) Robinson Forest WMA. The main block of the WMA shall be closed to waterfowl hunting.

(23) Sloughs WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

(d) If hunting waterfowl on the Crenshaw and Duncan Tracts of the Sauerheber Unit or the Jenny Hole Unit:

A person shall not hunt on a Tuesday or Wednesday;
A person shall not possess more than twenty-five (25) shotgun shells;
At least one (1) person in each party shall be eighteen (18) years of age or older;
Hunt in a party that includes a waterfowl permit holder;
Hunt in the department blind, hunt unit, or hunt site assigned to that waterfowl permit holder through a drawing as established in Section 4 of this administrative regulation;
Hunt in close proximity to other hunt party members so that each member of the party is within twenty-five (25) feet of another party member and no two (2) party members are more than seventy-five (75) feet apart; and
Check out of the area by accurately completing the Daily Post-Hunt Survey provided by the department and submitting the survey at the designated drop point by 3 p.m. the day of the hunt or be ineligible to hunt in department limited-access waterfowl hunts for the remainder of the current and following waterfowl season.

(e) The Sauerheber Unit shall be closed to the public from November 1 through March 15, except for persons participating in department-managed activities.

(f) The Jenny Hole Unit shall be closed to boats from Thanksgiving Day through January 31, except for persons participating in department-managed activities.

(g) The area open to hunting during the regular waterfowl season shall be open for the Light Geese Conservation Order season as established in 301 KAR 2:221.

(h) Blind, hunt unit, or hunt site restrictions shall not apply to the Light Geese Conservation Order season.

(24) South Shore WMA. The WMA shall be closed to hunting from November 15 through January 15, except for waterfowl and dove hunting.

(25) Taylorsville Lake WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

(26) Yatesville Lake WMA. The following areas shall be closed to waterfowl hunting, unless authorized by Yatesville Lake State Park:

(a) The Greenbrier Creek embayment; and

(b) The lake area north from the mouth of the Greenbrier Creek embayment to the dam, including the island.

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

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

(28) J.C. Williams WMA.

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

(b) A person shall not enter a hunting area prior to 4 a.m. daily.

Section 4. Limited-Access Waterfowl Hunts.

(1) Permanent waterfowl blinds or hunt sites on Lake Barkley, Barren River Lake, Green River Lake, or Doug Travis Wildlife Management Area.

(a) The department shall announce the time and location of drawings on the department's Web site at fw.ky.gov at least two (2) weeks prior to the drawing.

(b) Applicants:

Shall apply in person;
Shall fill out the provided index card with the requested information completely and accurately;
Shall not mark or mutilate the index card in an attempt to increase the probability of being selected;
Shall not apply more than once per drawing;
Be at least eighteen (18) years of age; and
Possess:

a. A valid Kentucky hunting license;

b. A valid Kentucky migratory game bird and waterfowl permit; and

c. A valid federal duck stamp.

The department or U.S. Army Corps of Engineers shall conduct a random drawing of applicants.
A drawn hunter shall choose from available hunt sites before the next drawn hunter may select a hunt site.
Selected hunt sites shall not be available for the next drawn hunter.
If a drawn hunter is not present, or does not select a hunt site, then the next drawn hunter may select a hunt site.
The drawing shall continue until all available hunt sites are selected or all applicants have been drawn.

(d) The department or U.S. Army Corps of Engineers shall designate the drawn hunter as the waterfowl permit holder for the selected hunt site.

(e) The drawn hunter may designate one (1) additional applicant to be a waterfowl permit holder for the selected hunt site.

(f) An applicant shall not be a waterfowl permit holder for more than one (1) permanent blind or hunt site at Doug Travis WMA.

(g) Waterfowl permit holders for hunt sites shall:

Construct permanent blinds, if desired, before the start of any special or regular waterfowl season as established in 301 KAR 2:221;
Not lock a waterfowl blind; and
Remove the blind and blind materials within thirty (30) days after the close of the regular waterfowl season or be ineligible for a permit the following year unless an extension of time is granted by the department due to weather or water level conflicts.

(h) Waterfowl permit holders may take guest hunters to their assigned permanent blind or hunt site, but the total number of people in the party shall not exceed four (4).

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

(2) Ballard WMA and Sloughs WMA waterfowl quota hunts.

(a) General procedures. A person applying to hunt in waterfowl quota hunts on Ballard WMA or Sloughs WMA shall:

Apply by completing the Ballard or Sloughs Waterfowl Quota Hunt online application on the department's Web site at fw.ky.gov;
Apply from September 1 through September 30;
Pay a three (3) dollar application fee for each application;
Select preferred hunts or select the no-hunt option; and
Not apply more than one (1) time for each hunt.

(b) Preference points.

A quota hunt applicant who is not selected shall be given one (1) preference point.
A quota hunt applicant who selects the no-hunt option shall be given one (1) preference point.
A person who applies for the no-hunt option shall not be drawn for a waterfowl quota hunt.
An applicant may accumulate preference points across years.
For each hunt:

a. A random selection of applicants with the highest number of preference points shall be made; and

b. If there are still openings, a random selection of applicants with the next highest number of preference points shall be made.

If selected for a quota hunt, a person shall lose all accumulated preference points.
A person shall forfeit all accumulated preference points if the person does not apply or is ineligible to apply for:

a. A waterfowl quota hunt; or

b. The no-hunt option.

(c) If technical difficulties with the automated application system prevent applications from being accepted for one (1) or more days during the application period, the commissioner may extend the application deadline.

(d) Ballard WMA waterfowl quota hunts.

A drawn hunter and special commission waterfowl permit holder shall check in the morning of their hunt in person by 5 a.m. CST.
A drawn hunter and special commission waterfowl permit holder shall fill out the provided check-in card completely and accurately.
A random drawing of all drawn hunters and special commission waterfowl permit holders shall begin after the check-in period.
A selected drawn hunter or special commission waterfowl permit holder shall choose from available hunting units or department blinds before the next applicant is drawn.
A drawn hunter or special commission waterfowl permit holder who selects a hunting unit or department blind becomes the waterfowl permit holder for that hunting unit or department blind.
Waterfowl permit holders may take up to three (3) guest hunters.
Selected hunting units or department blinds shall not be available for the next drawn hunter.
Waterfowl hunt units or department blinds not claimed by drawn hunters shall be available in a stand-by drawing.

(e) Sloughs WMA waterfowl quota hunts.

A drawn hunter shall be assigned a department blind or hunting unit and become waterfowl permit holders at the time of the drawing.
A waterfowl permit holder shall check in by midnight CST on the Sunday prior to their hunt by sending an email to sloughsquotahunt@ky.gov that includes the waterfowl permit holder's name, hunt unit, hunt dates, and hunt confirmation number or forfeit their spot.
A waterfowl permit holder may take up to three (3) guest hunters.
Waterfowl hunt units or department blinds forfeited by waterfowl permit holders shall be available in a stand-by drawing.

(3) Boatwright WMA limited-access waterfowl hunts.

(a) A person applying to hunt waterfowl on Boatwright WMA shall:

Apply by completing the online Boatwright WMA Waterfowl Quota Hunt Form process on the department's Web site at https://app.fw.ky.gov/HuntDraw/Index;
Apply during the period Wednesday through Sunday before their intended hunt period; and
Be eighteen (18) years of age or older.

(b) A drawn hunter shall be assigned a department blind or hunting unit and become a waterfowl permit holder at the time of the drawing.

(c) A waterfowl permit holder may surrender a Boatwright WMA department blind or hunting unit on the department's Web site at https://app.fw.ky.gov/HuntDraw/Index.

(d) A surrendered department blind or hunting unit shall be assigned by the department to a new drawn hunter.

(e) A waterfowl permit holder shall check in the morning of their hunt in person by 4:45 a.m. CST.

(f) A waterfowl permit holder shall fill out the provided check-in card completely and accurately.

(g) A waterfowl hunt unit or department blind not claimed by a drawn hunter shall be available in a stand-by drawing.

(h) A waterfowl permit holder may take up to three (3) guest hunters.

(4) Stand-by drawings.

(a) Ballard WMA.

An applicant shall apply in person before 5 a.m. CST the day of their intended hunt.
An applicant shall fill out the provided check-in card completely and accurately.
A random drawing for unclaimed department blinds or hunting units shall be conducted following the drawing for drawn hunters.
A selected applicant shall choose an available department blind or hunting unit and be designated as a waterfowl permit holder.

(b) Boatwright WMA.

An applicant shall apply in person before 4:45 a.m. CST the day of their intended hunt.
An applicant shall fill out the provided check-in card completely and accurately.
A random drawing for an unclaimed department blind or hunting unit shall occur after 4:45 a.m. CST.
Selected applicants shall choose an available department blind or hunting unit and be designated waterfowl permit holder.

An applicant shall apply in person before 6 p.m. CST the Monday before their intended hunt.
An applicant shall fill out the provided check-in card completely and accurately.
A random drawing for an unclaimed department blind or hunting unit shall occur after 6:00 p.m. CST.
Selected applicants shall choose an available department blind or hunting unit and be designated as a waterfowl permit holder.

(5) A person shall be declared ineligible to hunt in department limited-access waterfowl hunts during the remaining portion of the regular waterfowl season and declared ineligible to hunt in or apply for any department limited-access hunt or department quota hunt the following year if the hunter violates state or federal regulations while waterfowl hunting on WMAs during a limited-access waterfowl hunt.

Section 5. State Parks. Waterfowl hunting shall be prohibited, except there shall be an open waterfowl hunt December 7 through January 31 on designated areas of state parks at:

(1) Greenbo Lake;

(2) Nolin Lake;

(3) Paintsville Lake; and

(4) Yatesville Lake.

Section 6. Youth-Mentor and Mobility-Impaired Waterfowl Hunts.

(1) There shall be youth-mentor waterfowl hunts on the Minor Clark and Peter W. Pfeiffer fish hatcheries each Saturday and Sunday in January.

(2) There shall be a mobility-impaired waterfowl hunt at Minor Clark Fish Hatchery that is held concurrently with each youth-mentor hunt.

(3) There shall be a waterfowl blind at Doug Travis WMA assigned by a random pre-season electronic drawing among all mobility-impaired applicants.

(4) A youth or mobility-impaired person shall:

(a) Apply on the department's Web site at fw.ky.gov between November 1 and November 15; and

(b) Carry a department-provided selection notification on the day of the hunt.

(5) A mobility-impaired person shall carry a mobility-impaired access permit pursuant to 301 KAR 3:026.

(6) Each youth shall be accompanied by an adult who is eighteen (18) years or older.

(7) At the youth-mentor hunts:

(a) Each youth shall not be accompanied by more than one (1) adult; and

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

(8) A person shall:

(a) Hunt from an established blind; and

(b) Not change blinds.

(9) A blind shall not be used by more than four (4) individuals.

(10) A person shall only discharge a firearm from a blind.

(11) A person shall not possess more than twenty-five (25) shotshells.

(12) A waterfowl hunter, mentor, or assistant shall immediately retrieve downed birds.

(13) A person shall encase a firearm if traveling to or from a blind.

(14) A hunter at Minor Clark or Peter Pfeiffer Fish Hatcheries shall:

(a) Cease hunting by noon; and

(b) Exit the area by 1 p.m.

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

(16) A hunter at Minor Clark or Peter Pfeiffer Fish Hatcheries shall report harvest by depositing a completed hunt permit at the designated location.

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Daily Post-hunt Survey", 2023 edition;

(b) "Ballard or Sloughs Waterfowl Quota Hunt Form", 2014 edition;

(d) "Hatcheries Youth-Mentor/Mobility-Impaired Canada Goose Hunt Application", 2017 edition; and

(e) "Doug Travis WMA Mobility-Impaired Waterfowl Hunt Application", 2017 edition.

(3) This material may also be found on the department's Web site at fw.ky.gov.

History

RELATES TO: KRS 150.010(42), 150.305(1), 150.330, 150.340(1), (3), 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.360, 150.600(1), 50 C.F.R. 20, 21
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(1) 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.
History: 21 Ky.R. 1799; eff. 2-22-1995; 22 Ky.R. 1675; 1997; eff. 5-16-1996; 23 Ky.R. 2844; eff. 3-12-1997; 24 Ky.R. 1916; 2359; eff. 5-13-1998; 25 Ky.R. 1697; 2138; eff. 3-10-1999; 27 Ky.R. 3149; 28 Ky.R. 75; eff. 7-16-2001; 1909; eff. 4-15-2002; 29 Ky.R. 2136; eff. 4-11-2003; 30 Ky.R. 991; eff. 1-5-2004; 31 Ky.R. 1348; eff. 3-11-2005; 32 Ky.R. 1148; 1391; eff. 3-3-2006; 33 Ky.R. 1627; 2275; eff. 3-9-2007; 34 Ky.R. 1537; 1949; eff. 3-7-2008; 35 Ky.R. 1878; eff. 4-3-2009; 36 Ky.R. 1319; 1913; eff. 3-5-2010; 37 Ky.R. 1341; eff. 2-4-2011; 38 Ky.R. 1046; eff. 2-3-2012; 39 Ky.R. 1304; 1684; eff. 3-8-2013; 40 Ky.R. 1356; 1726; eff. 3-7-2014; 41 Ky.R. 1446; eff. 3-6-2015; 42 Ky.R. 1923; eff. 3-4-2016; 42 Ky.R.2940; 43 Ky.R. 203; eff. 8-4-2016; 43 Ky.R. 2195; eff. 8-3-2017; 44 Ky.R. 2376, 45 Ky.R. 22; eff. 7-5-2018; 45 Ky.R. 3493; eff. 8-20-2019; 49 Ky.R. 1987, 50 Ky.R. 27; eff. 7-20-2023.

301 KAR 2:225 Dove, wood duck, teal, and other migratory game bird hunting {#sec-301-kar-2-225 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:225}

Section 1. Definitions.

(1) "Cooperative dove field" means a tract of land controlled by the department through lease, license, or cooperative agreement specifically for hunting doves.

(2) "Decoy" means an artificial representation of a bird meant to entice birds within range of a hunter.

(3) "Dove" means mourning dove or white-winged dove.

(4) "Drawn hunter" means a hunter who applied for a quota hunt and was selected by the department to participate in the hunt.

(5) "Experienced hunter" means an adult hunter who has hunted during more than two (2) prior license years.

(6) "Guest hunter" means a hunter invited by a drawn hunter to participate in a quota hunt.

(7) "Mentored hunter" means a hunter who:

(a) Has hunted during no more than two (2) prior license years; and

(b) Hunts with experienced hunters on department sponsored dove hunts.

(8) "Migratory game bird" means mourning dove, white-winged dove, wood duck, teal, Canada goose, common gallinule, woodcock, snipe, purple gallinule, Virginia rail, or sora rail.

(9) "Teal" means green-winged teal, blue-winged teal, or cinnamon teal.

(10) "Wildlife Management Area" or "WMA" means a tract of land:

(a) Controlled by the department through ownership, lease, license, or cooperative agreement; and

(b) That has "Wildlife Management Area" or "WMA" as part of its official name.

(11) "Youth" means a person who has not reached his or her 16th birthday.

Section 2. September Goose Hunting Zones.

(1) The Western goose zone shall include all counties west of and including Hardin, Nelson, Washington, Marion, Taylor, Adair, and Cumberland counties.

(2) The Eastern goose zone shall include Bullitt County in its entirety and all other counties not included in the Western goose zone.

Section 3. Season Dates.

(1) A person shall not hunt a migratory game bird except during a season established in this administrative regulation, 301 KAR 2:221, or 301 KAR 2:228.

(2) The seasons established in paragraphs (a) through (g) of this subsection shall apply to migratory bird hunting.

(a) Dove, beginning on:

September 1 for fifty-six (56) consecutive days;
Thanksgiving Day for eleven (11) consecutive days; and
The Saturday before Christmas for twenty-three (23) consecutive days;

(b) Woodcock, beginning on the fourth Saturday in October for forty-seven (47) consecutive days, except that the season shall be closed during the first two (2) days of modern gun deer season, as established in 301 KAR 2:172;

The third Wednesday in September for forty (40) consecutive days; and
Thanksgiving Day for sixty-seven (67) consecutive days;

(d) Wood duck, beginning on the third Saturday in September for five (5) consecutive days;

(e) Teal, beginning on the third Saturday in September for five (5) consecutive days;

(f) Virginia rail, sora rail, common gallinule, and purple gallinule, beginning on September 1 for seventy (70) consecutive days; and

(g) Canada goose:

Eastern goose zone beginning September 16 for fifteen (15) consecutive days; and
Western goose zone beginning September 1 for fifteen (15) consecutive days.

Section 4. Bag and Possession Limits. A person shall not exceed the limits established in subsections (1) through (8) of this section for seasons established in Section 2 of this administrative regulation.

(1) Dove. There shall be a:

(a) Daily limit of fifteen (15); and

(b) Possession limit of forty-five (45).

(2) Eurasian collared dove. There shall not be a limit, except that a hunter, if in the field or during transport, shall keep attached to the bird:

(a) The head; or

(b) A fully-feathered wing.

(3) Woodcock. There shall be a:

(a) Daily limit of three (3); and

(b) Possession limit of nine (9).

(4) Snipe. There shall be a:

(a) Daily limit of eight (8); and

(b) Possession limit of twenty-four (24).

(5) Virginia and sora rail, singly or in aggregate. There shall be a:

(a) Daily limit of twenty-five (25); and

(b) Possession limit of seventy-five (75).

(6) Common and purple gallinule, singly or in aggregate. There shall be a:

(a) Daily limit of three (3); and

(b) Possession limit of nine (9).

(7) Wood duck and teal. There shall be a:

(a) Daily limit of six (6), which shall not include more than two (2) wood ducks; and

(b) Possession limit of eighteen (18), which shall not include more than six (6) wood ducks.

(8) Canada goose.

(a) For the Canada goose seasons beginning in September, there shall be a:

Daily limit of five (5); and
Possession limit of fifteen (15).

(b) Bag and possession limits for all remaining Canada goose seasons shall be as established in 301 KAR 2:221.

Section 5. Shooting Hours. A person shall not take a migratory game bird except during the times established in this section.

(1) If hunting dove on WMA land or cooperative dove field, a person shall hunt:

(a) Between 11 a.m. and sunset during the September and October portion of the season, as established in Section 2 of this administrative regulation; and

(b) Between one-half (1/2) hour before sunrise and sunset during the remainder of the season, as established in Section 2 of this administrative regulation.

(2) If hunting dove on private land, a person shall hunt:

(a) Between 11 a.m. and sunset on September 1; and

(b) Between one-half (1/2) hour before sunrise and sunset during the remainder of the season, as established in Section 2 of this administrative regulation.

(3) Other species listed in this administrative regulation shall be taken between one-half (1/2) hour before sunrise and sunset.

Section 6. Hunter Orange. A person shall be exempt from hunter orange requirements pursuant to 301 KAR 2:132 and 2:172 if:

(1) Hunting waterfowl or doves; or

(2) Accompanying a person hunting waterfowl or doves.

Section 7. Exceptions to Statewide Migratory Game Bird Seasons.

(1) A person shall not:

(a) Hunt wood duck or teal on an area closed to waterfowl hunting as established in 301 KAR 2:222;

(b) Hunt in an area marked by a sign as closed to hunting;

(d) Hunt geese during September on:

Public land in the Ballard Zone, as established in 301 KAR 2:221;
Cave Run Lake and the public land inside the boundary formed by Highways 801, 1274, 36, 211, U.S. 60, and Highway 826; and

(e) Use a decoy while hunting doves on WMA land or cooperative dove field prior to October 1.

(2) A person hunting migratory birds on any of the areas established in paragraphs (a) through (k) of this subsection shall only use or possess nontoxic shot approved by the U.S. Fish and Wildlife Service pursuant to 50 C.F.R. Parts 20 and 21:

(a) Ballard WMA;

(b) Boatwright WMA;

(d) Duck Island WMA;

(e) Kaler Bottoms WMA;

(f) Kentucky River WMA;

(g) Ohio River Islands WMA;

(h) Sloughs WMA;

(i) South Shore WMA;

(j) Yatesville Lake WMA; and

(k) A WMA wetland management unit that is posted by sign.

(3) At Ballard WMA and the Swan Lake Unit of Boatwright WMA, a person shall not hunt:

(a) Dove, Virginia rail, sora rail, common gallinule, purple gallinule, or snipe after October 13; or

(b) Woodcock.

(4) At Miller Welch - Central Kentucky WMA, a person shall not hunt:

(a) Dove or snipe after October 13; or

(b) Woodcock.

(5) At Grayson Lake WMA, a person shall not hunt:

(a) Within three-quarters (3/4) of a mile from the dam including the no-wake zone of the dam site marina;

(b) On Deer Creek Fork; or

(c) On Camp Webb property or the state park, except for participants drawn for any department-sponsored quota dove hunt on Camp Webb property in September.

(6) At Land Between the Lakes National Recreation Area, a person shall not hunt a migratory game bird between the last Saturday in September and November 30.

(7) At West Kentucky WMA, a person shall not hunt Canada geese during the September season.

(8) At Yatesville Lake, the following areas shall be closed to waterfowl hunting, unless authorized by Yatesville Lake State Park:

(a) The Greenbrier Creek embayment; and

(b) The lake area north of the mouth of the Greenbrier Creek embayment to the dam, including the island.

(9) At Robinson Forest WMA, a person shall not hunt a migratory game bird on the main block of the WMA.

Section 8. Youth and Mentored Hunter Dove Hunts.

(1) There shall be department-sponsored youth and mentored hunter dove hunts in which participants shall be selected by a random computerized drawing.

(2) A youth or mentored hunter shall:

(a) Apply on the department's Web site at fw.ky.gov between the first Monday in August and the third Friday in August; and

(b) Carry a department provided selection notification letter on the day of the hunt.

(3) Each youth or mentored hunter shall be accompanied by an experienced hunter.

(4) At the youth or mentored hunter hunts:

(a) Each youth or mentored hunter shall not be accompanied by more than one (1) experienced hunter;

(b) One (1) experienced hunter may accompany two (2) youths or mentored hunters; and

(5) A person shall:

(a) Hunt within fifteen (15) feet of the assigned location stake; and

(b) Not change locations unless another location has been vacated by the assigned hunter.

(6) A person shall only discharge a firearm within fifteen (15) feet of the assigned location stake.

(7) A person shall leave their firearm at the assigned location stake when retrieving birds.

(8) A hunter participating in youth or mentored hunter hunts shall:

(a) Check-in prior to hunting;

(b) Not begin hunting before 2 p.m.;

(d) Exit the area by 7:30 p.m.; and

(e) Check out before exiting the field.

Section 9. Dove Quota Hunts.

(1) A person applying to hunt doves on a department dove quota hunt shall:

(a) Apply on the department's web site at fw.ky.gov between the first Monday in August and the third Friday in August; and

(b) Not apply for more than one (1) quota hunt.

(2) A person drawn to hunt on a dove quota hunt may bring up to one (1) additional guest hunter.

(3)

(a) A hunter need not apply for the quota hunt to participate as a guest.

(b) Checking in prior to or participating in the quota hunt shall not constitute applying for the quota hunt.

(4) A person hunting doves on department quota hunt shall:

(a) Check in prior to hunting;

(b) Not begin hunting before 1 p.m. in the Eastern Time Zone and by 12 p.m. in the Central Time Zone;

(c) Carry a copy of his or her department provided selection notification letter on the day of the hunt, except a guest hunter shall carry a copy of his or her host hunter's selection notification letter;

(d) Not hunt as a guest hunter unless the drawn hunter who invited them is present in field;

(e) Cease hunting and exit the field by 6 p.m. in the Eastern Time Zone and by 5 p.m. in the Central Time Zone;

(f) Check out of the area by accurately completing the Dove Quota Post-hunt Hunter Survey provided by the department and submitting the survey at the department designated drop point before exiting the field; and

(g) Not possess more than fifty (50) shotshells.

Section 10. Incorporation by Reference.

(1) "Dove Quota Post-hunt Hunter Survey", First Edition, 2022, is incorporated by reference.

(3) This material may also be found on the department's Web site at fw.ky.gov.

History

RELATES TO: KRS 150.330, 150.340, 150.603
STATUTORY AUTHORITY: KRS 150.025(1), 150.360, 150.600(1), 50 C.F.R. 20, 21
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply to a limited area. KRS 150.360 authorizes the department to restrict methods for the taking of wildlife. KRS 150.600(1) authorizes the department to regulate the taking of waterfowl on public and private land. This administrative regulation establishes the requirements for the taking of migratory game birds within reasonable limits and within the frameworks established by 50 C.F.R. Parts 20 and 21.
History: 22 Ky.R. 1174; eff. 2-12-1996; 23 Ky.R. 2536; 2972; eff. 2-12-1997; 24 Ky.R. 1359; 1670; eff. 2-17-1998; 25 Ky.R. 1095; eff. 1-19-1999; 26 Ky.R. 1190; 1534; eff. 2-14-2000; 28 Ky.R. 1683; 2017; eff. 3-18-2002; 29 Ky.R. 1319; eff. 1-16-2003; 30 Ky.R. 995; eff. 1-5-2004; 31 Ky.R. 826; eff. 1-4-2005; 33 Ky.R. 1111; eff. 12-7-2006; 34 Ky.R. 1113; eff. 2-1-2008; 35 Ky.R. 1005; eff. 1-5-2009; 36 Ky.R. 965; 1199; eff. 12-11-2009; 37 Ky.R. 1029; eff. 1-3-2011; 38 Ky.R. 821; eff. 1-6-2012; 39 Ky.R. 838; eff. 1-4-2013; 40 Ky.R. 653; 1045; eff. 11-7-2013; 41 Ky.R. 859; eff. 1-5-2015; 42 Ky.R. 1325; eff. 1-4-2016; 42 Ky.R. 2944; eff. 8-4-2016; 43 Ky.R. 2199; eff. 8-3-201; 45 Ky.R. 752, 1184; eff. 12-7-2018; 49 Ky.R. 882, 1418; eff. 2-2-2023; 51 Ky.R. 988, 1445; eff. 5-6-2025.

301 KAR 2:228 Sandhill crane hunting requirements {#sec-301-kar-2-228 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:228}

Section 1. Definitions.

(1) "Crane" means a sandhill crane.

(2) "Wildlife Management Area" or "WMA" means a tract of land that:

(a) Is controlled by the department through ownership, lease, license, or cooperative agreement; and

(b) Has "Wildlife Management Area" or "WMA" as part of its official name.

Section 2. Applications and Permits.

(1) To apply for a crane hunting permit a person shall:

(a) Complete the online application process, not more than once per calendar year, on the department's Web site at fw.ky.gov between September 1 and September 30;

(b) Possess a valid hunting license by September 30, unless the applicant is license exempt as established in KRS 150.170; and

(2) The department shall:

(a) Rank each applicant with a random electronic draw from all qualified applicants;

(b) Issue a crane hunting permit and one (1) printable crane tag to all ranked applicants up to the maximum number of crane tags allowed by the United States Fish and Wildlife Service for that season, as established in 50 C.F.R. 20, except that if the number of applicants:

Exceeds the maximum number of tags, then those applicants ranking higher than the maximum shall not receive a permit; or
Is less than the maximum number of tags available, then the additional tags shall be assigned to applicants in the order of ranking until all tags are assigned;

(c) Disqualify an applicant who does not possess a hunting license prior to September 30, unless the applicant is license exempt as established in KRS 150.170.

(3) A person who does not have access to the internet may call the department's toll-free number at 1-800-858-1549 for assistance in applying.

(4) A crane hunting permit shall not be transferable.

(5) A person selected to receive a permit shall pass a bird identification test provided by the department prior to receiving a permit.

(6) A permit recipient shall complete and submit a post-season crane hunting survey on the department's Web site no later than fourteen (14) days after the close of the season.

(7) A person who fails to complete the post-season survey by the date specified in subsection (6) of this section shall be ineligible to be drawn the following year.

Section 3. Season, Bag Limits, and Hunting Requirements.

(1) Unless license exempt as established in KRS 150.170, a person shall not hunt a crane without a:

(a) Valid Kentucky hunting license;

(b) Valid Kentucky crane hunting permit; and

(2) A permit recipient shall possess a printed or electronic copy of a valid crane hunting permit, available via the customer's profile on the department's Web site at https://app.fw.ky.gov/Myprofile/default.aspx or mobile application:

(a) While crane hunting; and

(b) When in possession of a harvested crane.

(3) The season shall be from December 7 through January 31.

(4) The bag limit shall be:

(a) Two (2) cranes daily for permit holders with two (2) or more crane tags; or

(b) One (1) crane for permit holders with one (1) tag.

(5) A person shall only hunt cranes from sunrise to sunset.

(6) A person who has harvested a crane shall attach a department-issued printable tag to the leg of the crane prior to moving the carcass. The department-issued tags shall be available for print via the customer's profile on the department's Web site at https://app.fw.ky.gov/Myprofile/default.aspx or mobile application.

(7) A person shall check a harvested crane on the day the crane is harvested by:

(a) Calling 800-245-4263 and providing the information requested by the automated check-in system; or

(b) Completing the check-in process on the department's Web site at fw.ky.gov; and

(8) A hunter who has harvested a crane shall possess the check-in confirmation number when in the field during the current season.

(9) A person shall not knowingly falsify the harvest of a crane on the automated check-in system.

(10) A person hunting cranes shall not use or possess a shotgun shell containing:

(a) Lead shot; or

(b) Shot not approved by the U.S. Fish and Wildlife Service for waterfowl hunting.

(11) A person shall not use the following to take cranes:

(a) A shotgun larger than ten (10) gauge;

(b) A shotgun shell larger than three and one-half (3 1/2) inches; or

(12) A person hunting a crane on a Wildlife Management Area shall comply with the applicable WMA waterfowl hunting requirements, as established in 301 KAR 2:222, except that on:

(a) Barren River WMA crane hunting shall be prohibited within 100 yards of the normal summer pool level of 552 feet in the embayments established in subparagraphs 1. through 3. of this paragraph:

Beaver Creek;
Peters Creek; and
Skaggs Creek; and

(b) Green River Lake, crane hunting shall be prohibited within 100 yards of the normal summer pool level of 675 feet, east of the Hwy 551 bridge in the embayments established in subparagraphs 1. and 2. of this paragraph:

Green River to the Snake Creek Boat Ramp; and
Casey Creek to the Hwy 76 bridge.

History

RELATES TO: KRS 150.010, 150.305, 150.340, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.170(3), (4), 150.330, 150.603(2), 50 C.F.R. 20, 21
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 150.170(3), (4) authorizes license exemptions for people under twelve (12) and resident owners of farmlands, including their spouses and dependent children who hunt on those farmlands. KRS 150.330 authorizes take and possession of migratory birds when in compliance with the provisions of the Federal Migratory Bird Treaty Act and authorizes hunting of migratory birds with the appropriate permits. KRS 150.603(2) requires a person sixteen (16) years or older to possess a hunting license and a Kentucky migratory game bird and waterfowl permit in order to hunt migratory birds. This administrative regulation establishes the requirements for taking sandhill cranes within reasonable limits and within the frameworks established by 50 C.F.R. Parts 20 and 21.
History: 38 Ky.R. 168; 789; eff. 11-3-2011; 44 Ky.R. 2380; 45 Ky.R. 341; eff. 8-6-2018; 47 Ky.R. 2469; eff. 8-5-2021; 49 Ky.R. 1350, 1764; eff. 5-30-2023.

301 KAR 2:230 Shoot-to-retrieve field trial permits and procedures {#sec-301-kar-2-230 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:230}

Section 1. Definitions.

(1) "Field trial" means an organized event at which hunting dogs are worked and judged.

(2) "Game birds" means quail, chukar, mallard duck, or pheasant species.

(3) "Shoot to retrieve field trial" means a field trail where game birds are taken.

(4) "Take" is defined by KRS 150.010(42).

Section 2.

(1) A person may conduct a shoot-to-retrieve field trial:

(a) From August 15 through May 15 for quail; and

(b) Year-round for other game birds.

(2) Daily bag or possession limits shall not apply to birds taken during a shoot-to retrieve field trial.

Section 3. A person conducting a shoot-to retrieve field trial shall:

(1) Apply for a permit at least thirty (30) days before the event to the:

(a) Department law enforcement officer in the county where the event will be conducted; or

(b) Department's law enforcement captain in the wildlife district where the event will be conducted.

(2) A permit application shall:

(a) Be made on the Shoot-to-Retrieve Field Trial Application; and

(b) Include:

The fee specified in 301 KAR 3:022; and
Permission from the landowner or manager of public land where the event will be conducted.

(3) Provide pen-raised game birds for the trial.

(4) If the date or location of the trial changes:

(a) Notify the person from whom the permit application was obtained; and

(b) If the location changes, submit written permission to hold the trial at the new location.

Section 4. A person participating in a shoot-to-retrieve field trial shall not:

(1) Knowingly take a game bird that was not:

(a) Raised in captivity; and

(b) Provided by the organizer of the event.

(2) Hunt on land not specified in the permit.

Section 5. Incorporation by Reference.

(1) "Shoot-to-Retrieve Field Trial Application", 5/19 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 Sportsman's Lane, Frankfort, Kentucky 40601, from 8 a.m. through 4:30 p.m. eastern time on normal business days or at https://fw.ky.gov/Licenses/Documents/shootToRetrieveFieldTrialApplicationIncludesFees.pdf.

History

RELATES TO: KRS 150.025(1), 150.170, 150.175(1)(p), 150.330
STATUTORY AUTHORITY: KRS 150.025(1), 150.175(16)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.175(16) authorizes the department to require permits for shoot-to-retrieve field trials. KRS 150.025(1) authorizes the department to set seasons and limits, and to promulgate administrative regulations necessary to carry out the provisions of KRS Chapter 150. This administrative regulation establishes seasons, permit application procedures, game bird marking, and other requirements for conducting a shoot-to-retrieve field trial.
History: 301 KAR 002:230.13 Ky.R. 1679; eff. 4-14-1987; Am. 14 Ky.R. 841; eff. 12-11-1987; 2050; eff. 7-1-1988; 24 Ky.R. 2752; 25 Ky.R. 306; eff. 8-17-1998; 48 Ky.R. 142, 1127; eff. 11-17-2021; 52 Ky.R. 289, 730; eff. 11-6-2025.

301 KAR 2:245 Wanton waste and disposal of big game and upland game birds {#sec-301-kar-2-245 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:245}

Section 1. Definitions.

(1) "Big game" means wild individuals of the species:

(a) Deer, Odocoileus virginianus;

(b) Elk, Cervus canadensis nelsoni; and

(2) "Carcass or offal" means the skeleton, skin, entrails, and other parts of big game or upland game birds remaining after the edible portions have been removed.

(3) "Edible parts" are those portions suitable for processing and consumption after take and recovery of the animal, which have not been spoiled due to the method of take, including:

(a) For big game, the quarters and outer loins; and

(b) For an upland game bird, the breast meat.

(4) "Processing" means the act of removing the usable portions of meat from a taken and recovered animal and storing or preparing the meat for consumption.

(5) "Recover" means to locate and retrieve an animal a person has taken.

(6) "Upland game birds" means wild individuals of the species:

(a) Wild turkey, Meleagris gallopavo silvestris;

(b) Northern bobwhite, Colinus virginianus; and

Section 2. Recovery of Big Game or Upland Game Birds. A person who has attempted to take big game or an upland game bird shall make a reasonable effort to recover the animal.

Section 3. Harvest of Big Game or Upland Game Birds.

(1) Upon recovery of big game or an upland game bird, the hunter taking the animal shall:

(a) Comply with the requirements established in 301 KAR Chapter 2 for tagging and checking; and

(b) Remove edible parts from the field and make a reasonable effort to transport them to the hunter's residence or other destination for storage or processing, or lawfully transfer them to another individual, establishment, or organization.

(2) It shall be unlawful to remove inedible portions of big game or an upland game bird while leaving edible portions in the field to waste.

(3) The provisions of this section shall not apply to big game or an upland game bird that is:

(a) Recovered and the hunter taking the animal has reasonable grounds to believe the animal was diseased or rendered partially or completely unusable by infection or injury; or

(b) Cannot be recovered before the carcass has begun to decay rendering it unsuitable for consumption.

Section 4. Authorization to Take for Other Purposes. A person shall be exempt from the requirements in this administrative regulation for big game or an upland game bird taken:

(1) For damage to private lands or personal property by the landowner or a person otherwise authorized under the provisions of KRS 150.170(7);

(2) Due to vehicle collision; or

(3) For humanely dispatching an animal or in defense of self or others under the provisions of KRS 150.172(2)(a) or 525.130(2).

Section 5. Carcass Disposal.

(1) It shall be unlawful to dispose of a carcass or offal of big game or an upland game bird on any private or public property or public waterway, except:

(a) A hunter may dispose of a carcass or offal from big game or an upland game bird on the public property where the animal was taken, but the carcass or parts shall be deposited at least 300 feet from a building, maintained road, parking area, public access facility or gate, or established hunting blind, unless otherwise prohibited and if the big game or upland bird is not removed from the public property and then returned thereto;

(b) A hunter may dispose of a carcass or offal from legally acquired big game or upland bird on private property where the hunter received permission from the landowner; or

(c) A hunter may dispose of a big game carcass or offal by burying the carcass and parts, deposition in a contained landfill, or removal by a duly licensed rendering establishment as described in KRS 150.722.

(2) A person disposing of big game or an upland game bird carcass or offal in an unlawful manner may be cited with criminal littering pursuant to KRS 512.070.

History

RELATES TO: KRS 150.015, 150.025, 150.092, 150.170, 150.390, 150.722
STATUTORY AUTHORITY: KRS 150.015, 150.025(1), 150.390(1), 512.070(1)(b)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate any administrative regulations reasonably necessary to implement or carry out the purposes of KRS Chapter 150. KRS 150.390(1) prohibits the taking of any wild elk, deer, wild turkey, or bear contrary to any provisions of KRS Chapter 150 or KAR Title 301. KRS 512.070, Criminal Littering, protects against knowingly placing or throwing litter on any public or private property or in any public or private water without permission. This administrative regulation protects against intentional and wanton waste or unlawful disposal of big game animals and upland game birds.
History: 49 Ky.R. 1545, 1919; eff. 6-8-2023.

301 KAR 2:251 Hunting and trapping seasons and limits for furbearers {#sec-301-kar-2-251 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:251}

Section 1. Definitions.

(1) "Body-gripping trap" means a commercially manufactured spring-loaded trap designed to kill an animal upon capture.

(2) "Dry land set" means a trap that is placed so that no portion of the trap touches the water of a river, stream, pond, lake, wetland, or other water course.

(3) "Foothold trap" means a commercially manufactured spring-loaded trap with smooth, metallic or rubber soft-catch jaws that close upon an animal's foot.

(4) "Furbearer" means mink, muskrat, beaver, raccoon, opossum, gray fox, red fox, least weasel, long-tailed weasel, river otter, bobcat, coyote, or striped skunk.

(5) "Hunter" means a person legally taking furbearers by means other than trapping.

(6) "Otter Zone 1" means the following counties: Anderson, Ballard, Bath, Boone, Bourbon, Bracken, Breckinridge, Bullitt, Caldwell, Calloway, Campbell, Carlisle, Carroll, Christian, Crittenden, Daviess, Fayette, Fleming, Franklin, Fulton, Gallatin, Grant, Graves, Grayson, Hancock, Hardin, Harrison, Henderson, Henry, Hickman, Hopkins, Jefferson, Kenton, Larue, Livingston, Lyon, Marshall, Mason, McCracken, McLean, Meade, Muhlenberg, Nelson, Nicholas, Ohio, Oldham, Owen, Pendleton, Robertson, Rowan, Scott, Shelby, Spencer, Trigg, Trimble, Union, Webster, and Woodford.

(7) "Otter Zone 2" means all Kentucky counties not included in subsection (6) of this section.

(8) "Snare" means a wire, cable, or string with a knot, loop, or a single piece closing device, the deployment of which is or is not spring-assisted, but any spring-assisted device is not for the purpose of applying tension to the closing device.

(9) "Squaller" means a hand-operated, mouth-operated, or electronic call capable of mimicking the vocalizations of furbearers.

(10) "Trap" means a body-gripping trap, box trap, deadfall, foothold trap, snare, or wire cage trap used to catch furbearers, in the set or unset position.

(11) "Water set" means a trap placed in the water of a river, stream, pond, lake, wetland, or other water course so that a portion of the trap body is underwater.

(12) "Youth" means a person under the age of sixteen (16) by the date of the hunt or the trapping date.

Section 2. License and Permit Requirements. Unless exempted by KRS 150.170, a person shall carry on his or her person a valid:

(1) Hunting license while hunting furbearers; and

(2) Bobcat hunting permit while hunting bobcat; or

(3) Trapping license while trapping furbearers.

Section 3. Furbearer Hunting Seasons. Except as established in 301 KAR 2:049, a person shall only take furbearers by hunting during the seasons established in subsections (1) through (5) of this section:

(1) Bobcat, from one-half (1/2) hour before sunrise on the third Saturday in November through the last day of February;

(2) Coyote, year-round;

(3) Raccoon and opossum, October 1 through the last day of February;

(4) All other furbearers except as established in subsection (5) of this section, from one-half (1/2) hour before sunrise on the third day of modern gun deer season through the last day of February; and

(5) Furbearers taken by falconry, September 1 through March 30.

Section 4. Furbearer Trapping Season. Except as established in 301 KAR 2:049, a person shall only take furbearers by trapping from one-half (1/2) hour before sunrise on the third day of the modern gun deer season through:

(1) The last day of February; or

(2) If using a water set, the last day of March.

Section 5. License-Exempt Youth Season. For seven (7) consecutive days beginning on the Saturday after Christmas, a youth may hunt or trap furbearers without a license, but all other statewide requirements shall apply.

Section 6. Legal Hunting Equipment. Except as established in Section 7(8) of this administrative regulation, a hunter shall only use the equipment established in subsections (1) through (7) of this section to hunt furbearers:

(1) Centerfire gun;

(2) Rimfire gun;

(3) Shotgun;

(4) Muzzleloader;

(5) Bow and arrow;

(6) Crossbow; or

(7) An air gun using pellets at least .22 caliber in size.

Section 7. Hunter Restrictions.

(1) Furbearers may be taken during daylight hours only, except for the following, which may also be taken after daylight hours:

(a) Coyote;

(b) Opossum; or

(2) A person shall not take a raccoon or opossum during daylight hours during the modern gun deer season, as established in 301 KAR 2:172.

(3) A person hunting from a boat shall not use a light in conjunction with taking a raccoon or opossum.

(4) A person shall not use the following while chasing a raccoon or opossum from noon on March 1 through September 30;

(a) A firearm;

(b) Slingshot;

(d) Any device to kill, injure, or force a raccoon or opossum from a tree or den.

(5) A person may use a squaller year-round.

(6) There shall not be a closed season on:

(a) Chasing red and gray foxes during daylight hours for sport and not to kill; or

(b) Chasing raccoons or opossums for sport and not to kill.

(7) A hunter may use a hand or mouth-operated call, electronic call, or any other attracting device during a furbearer hunting season.

(8) A person may take a coyote after daylight hours year-round, except that:

(a) It shall not be allowed in a county or area where a deer or elk firearm season is open;

(b) Artificial light or other means designed to make wildlife visible at night shall only be used from December 1 through March 31, and from May 16 through June 30 on public and private land;

(c) Any artificial light or other means designed to make wildlife visible at night shall not be connected to or cast from a mechanized vehicle;

(d) A holder of a valid Mobility-Impaired Access Permit or Hunting Methods Exemption - Vehicle Permit may use a stationary vehicle as a hunting platform and may cast lights or other means designed to make wildlife visible at night so long as the means used are not connected to the vehicle;

(e) On public land, a person shall not use any equipment other than a bow, crossbow, or shotgun and shall not use a shotgun shell with a single-projectile;

(f) On private land, a person shall not use any equipment other than a bow, crossbow, or shotgun and shall not use a shotgun shell with a single-projectile, except that from December 1 through March 31 and May 16 through June 30 a person may also use a muzzleloader of .54 caliber or less, a shotgun shell with a single projectile, or any modern firearm, including any rifle, pistol, or shotgun loaded from the rear of the barrel.

Section 8. Legal Traps.

(1) A person who is trapping with a dry land set shall only use traps as established in paragraphs (a) through (e) of this subsection:

(a) Deadfall;

(b) Wire cage or box trap;

(d) A snare; or

(e) Except as established in 301 KAR 2:049, a body-gripping trap with a maximum inside jaw spread of seven and one-half (7 1/2) inches measured parallel with the trigger:

In the center of the trap; and
In the unset position.

(2) There shall be no restrictions on the size or type of trap used as a water set, except that any body-gripping trap greater than twenty (20) inches in width shall be set so that the trap is completely submerged underwater.

Section 9. Trapper Restrictions.

(1) A person trapping on private land shall not place traps used as dry land sets any closer than ten (10) feet apart unless possessing written permission from the landowner or the landowner's designee, except that there shall not be more than three (3) traps placed within any ten (10) foot spacing.

(2) The trap spacing requirement established in subsection (1) of this section shall not apply to:

(a) Box or cage live traps; or

(b) Properties of five (5) acres or less.

(3) A trap shall not be set in a trail or path commonly used by a human or a domestic animal.

(4) A trapper may use lights from a boat or a vehicle in conjunction with trapping furbearers.

Section 10. Trap Tags.

(1) Each trap shall have a metal tag attached to it that clearly shows:

(a) The name and address of the person setting, using, or maintaining the trap; or

(b) A FW Customer ID or wildlife identification number issued by the department and the 1-800-25ALERT department hotline phone number.

(2) A person shall:

(a) Not use a trap tag that has an inaccurate or outdated address;

(b) Not use a trap tag that has a FW Customer ID or wildlife identification number that corresponds to an inaccurate or outdated address or phone number; and

(3) A FW Customer ID or wildlife identification number shall be valid for a trap tag for the life of the holder.

Section 11. Bag Limits.

(1) There shall not be a bag limit on furbearers, except as established in subsections (2) through (6) of this section.

(2) A person shall not take more than five (5) bobcats per season, no more than three (3) of which shall be taken with a gun, except as established in subsection (3) of this section.

(3) Hunters and trappers may increase their bobcat bag limit for the following season, under the following criteria:

(a) A hunter or trapper who submits lower jaws from all harvested bobcats in a single season may receive one (1) additional bobcat to the bag limit for the following season for every two (2) jaws submitted.

(b) Additions to the bobcat bag limit also increase the allowable number of bobcats that may be taken with a gun.

(c) Hunters and trappers shall submit all lower jaws, from bobcats they harvest during a single season, to the department by March 15th the year the season ends to be eligible for bag limit incentives. Instructions how to remove and submit the lower jaws can be obtained from the department's Web site at fw.ky.gov.

(d) Additions of bobcats to bag limits are non-transferable.

(4) A person shall not take more than ten (10) river otters per season in Otter Zone 1.

(5) A person shall not take more than six (6) river otters per season in Otter Zone 2.

(6) The total river otter bag limit per season shall be ten (10) per person, only six (6) of which can be taken from Otter Zone 2.

(7) A falconer hunting within the falconry season, but outside the dates specified in Section 3(3) and (4) of this administrative regulation, shall not take more than two (2) of any furbearer per day.

Section 12. Harvest Recording.

(1) Immediately after harvesting a river otter or bobcat, and prior to moving the carcass, a person shall record in writing the:

(a) Species;

(b) Date;

(d) Sex of the river otter or bobcat.

(2) The information required by subsection (1)(a) through (d) of this section shall be documented on:

(a) The hunter's log section on the reverse side of a license or permit;

(b) A hunter's log printed from the department's Web site at fw.ky.gov;

(d) An index card or similar card.

(3) A person shall retain and possess the completed hunter's log while hunting or trapping during the current season.

Section 13. Checking a River Otter or Bobcat.

(1) A person who harvests a river otter or bobcat shall check each animal by:

(a) Completing the telecheck process after calling 800-245-4263 or completing the check-in process on the department's Web site at fw.ky.gov:

Before midnight on the day the river otter or bobcat is recovered;
Prior to processing the carcass; and
Prior to transporting the raw fur, pelt, or unskinned carcass out of Kentucky; and

(b) Writing the check-in confirmation number on the hunter's log as established in this section.

(2) A person who intends to sell the raw fur of a river otter or bobcat to a licensed fur processor, fur buyer, or taxidermist or wishing to export a river otter or bobcat pelt outside the United States shall:Request a Convention on International Trade of Endangered Species of Flora and Fauna (CITES) tag by logging into a MyProfile account on the department website.

(3) A person who is transferring a river otter or bobcat that does not have an attached CITES tag shall attach to the carcass a handmade tag that contains the:

(a) Confirmation number;

(b) Hunter or trapper's name; and

(4) A person shall not knowingly provide false information when:

(a) Completing the hunter's log;

(b) Checking a river otter or bobcat;

(d) Creating a handmade carcass tag.

(5) A CITES tag shall be attached to the raw fur, pelt, or unskinned carcass upon receipt of the tag from the department per the instructions provided by the department and remain attached until it is processed or exported outside the United States.

(6) Possession of an unused CITES tag issued by the department shall be prohibited.

Section 14. Transporting and Processing a River Otter or Bobcat.

(1) A person shall not sell the raw fur of a river otter or bobcat except to a licensed:

(a) Fur buyer;

(b) Fur processor; or

(2) A taxidermist, fur buyer, or fur processor shall:

(a) Not accept a river otter or bobcat carcass or any part thereof without a proper carcass tag or CITES tag as established in Section 13 of this administrative regulation; and

(b) Retain the information established in subparagraphs 1. through 4. of this paragraph from a hunter or trapper:

Name;
Address;
Confirmation number or CITES tag number; and
Date received for each river otter or bobcat.

History

RELATES TO: KRS 150.170, 150.180, 150.370, 150.399, 150.415, 150.416, 150.990, 150.995
STATUTORY AUTHORITY: KRS 150.025(1), 150.175(7), (9), 150.360, 150.400, 150.410
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
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 and methods of take, and to make these requirements apply to a limited area. KRS 150.175(7), (9) authorizes the department to issue licenses, permits, and tags for hunting and trapping. KRS 150.360 requires restrictions on the taking of wildlife and authorizes the department to promulgate administrative regulations establishing the requirements for hunting coyotes at night. KRS 150.400 authorizes the department to establish the types of traps that can legally be used by trappers. KRS 150.410 authorizes the department to regulate trap tags, trap visitation, and trap placement to protect domestic animals. This administrative regulation establishes seasons, bag limits, legal methods of take, and checking and recording requirements for hunting and trapping furbearers.
History: 301 KAR 002:251. 20 Ky.R. 2928; Am. 3193; eff. 6-2-1994; 21 Ky.R. 1915; 2478; eff. 4-6-1995; 22 Ky.R. 1491; eff. 4-5-1996; 23 Ky.R. 3879; eff. 7-9-1997; 25 Ky.R. 1435; eff. 2-10-1999; 27 Ky.R. 214; 754; eff. 8-24-2000; 3340; 28 Ky.R. 363; eff. 8-15-2001; 2423; eff. 7-15-2002; 29 Ky.R. 2139; eff. 4-11-2003; 2964; eff. 8-13-2003; 31 Ky.R. 838; 1077; eff. 1-4-2005; 1717; eff. 6-8-2005; 32 Ky.R. 1765; eff. 6-2-2006; 33 Ky.R. 519; eff. 10-11-2006; 3426; 3604; eff. 6-13-2007; 35 Ky.R. 1008; 1743; eff. 3-6-2009; 36 Ky.R. 865; 1199; eff. 10-23-2009; 37 Ky.R. 797; eff. 11-4-2010; 38 Ky.R. 1661; 1948; eff. 6-7-2012; 39 Ky.R. 2397; 40 Ky.R. 542; eff. 9-5-2013; 2216; 2430; eff. 6-6-2014; 43 Ky.R. 440, 1176; eff. 2-3-2017; 46 Ky.R. 1610, 2397; eff. 6-2-2020; 47 Ky.R. 2637; 48 Ky.R. 790; eff. 9-15-2021; 49 Ky.R. 886, 1545; eff. 2-2-2023; 52 Ky.R. 483; eff. 3-3-2026.

301 KAR 2:260 Crow hunting season {#sec-301-kar-2-260 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:260}

Section 1. Definitions.

(1) "Blind" means any form of concealing enclosure, including a pit, or anchored, stationary, or drifting boat from which hunting occurs.

(2) "Decoy" means any type of visual device used to entice crows into shooting range.

(3) "Call" means any type of auditory device used to attract crows into shooting range.

(4) "Depredation" means any act committed by crows which would result in a damage or economic loss of ornamental or shade trees, agricultural crops, livestock, or wildlife, or when crows are concentrated in numbers that constitute a health hazard or other nuisance.

Section 2. Crow Hunting Requirements.

(1) Seasons: September 1 through November 7 and January 4 through the last day of February.

(2) Shooting hours: one-half (1/2) hour before sunrise until sunset.

(3) Individuals taking crows shall have a valid hunting license.

(4) Crow hunters may use mechanical or electronic calling devices during the open season.

Section 3. Acts of Depredation.

(1) Individuals may take crows committing or about to commit acts of depredation during the closed season.

(2) Persons taking depredating crows shall not use blinds, decoys, calls, or other means of luring the birds into shooting range during the closed season.

History

RELATES TO: KRS 150.105, 150.170, 150.175, 150.235, 150.330, 150.340, 150.990
STATUTORY AUTHORITY: KRS 150.025, 150.105, 150.170, 150.175, 150.340,
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations establishing requirements for hunting. This administrative regulation establishes seasons and other requirements for the taking of crow.
History: 20 Ky.R. 679; eff. 10-27-1993; Am. 21 Ky.R. 1365; eff. 1-9-1995; 48 Ky.R. 144, 1128; eff. 11-17-2021.

301 KAR 2:300 Black bear seasons and requirements {#sec-301-kar-2-300 omnilex-key=us-ky-regs-official--title-301--301 KAR 2:300}

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) "Bear" means the species Ursus americanus.

(6) "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.

(7) "Bear permit" means a permit, which in conjunction with appropriate licenses, seasons, and methods, allows the holder to harvest one (1) black bear of either sex.

(8) "Bear Zone 1" means Bell, Harlan, Letcher, and McCreary Counties.

(9) "Bear Zone 2" means Adair, Bath, Boyd, Breathitt, Carter, Casey, Clark, Clay, Cumberland, Elliot, Estill, Fleming, Floyd, Garrard, Greenup, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Lewis, Lincoln, Madison, Magoffin, Martin, Menifee, Montgomery, Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Whitley, and Wolfe Counties.

(10) "Bear Zone 3" means Clinton and Wayne Counties.

(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) "Combination bear permit" means a permit, which in conjunction with appropriate licenses, seasons, and methods, allows the holder to harvest one (1) black bear of either sex and to use dogs to chase a bear.

(13) "Crossbow" means a bow designed or fitted with a device to hold an arrow at full or partial draw without aid from the archer.

(14) "Firearm" means a breech- or muzzle-loading rifle, shotgun, or handgun.

(15) "License year" means the period from March 1 through the last day of February.

(16) "Modern gun" means a rifle, handgun, or shotgun loaded from the rear of the barrel.

(17) "Muzzleloader" means a rifle, shotgun, or handgun loaded from the discharging end of the barrel or discharging end of the receiver.

(18) "Youth" means a person under the age of sixteen (16) on the day of the hunt.

(19) "Youth bear chase permit" means a permit, which in conjunction with appropriate licenses, seasons, and methods, allows a youth to use dogs to chase a bear.

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) Unless exempted by KRS 150.170, a person, while using dogs to chase a bear, shall carry on his or her person any valid annual Kentucky hunting license and a valid:

(a) Bear chase permit;

(b) Youth bear chase permit; or

(2) A person shall not:

(a) Kill or intentionally injure a bear during a chase-only season;

(b) Chase a bear except during daylight hours while a chase season is open;

While bait is present; or
For thirty (30) days after the bait has been removed; or

(d) Disturb a bear in a den.

(3) A person shall only use a dog to chase a bear on public hunting areas, or on private land with permission of the landowner, in all bear zones, except that it shall be prohibited to chase bears with dogs in the areas established in paragraphs (a) through (g) of this subsection:

(a) Daniel Boone National Forest;

(b) Miller-Welch Central Kentucky Wildlife Management Area;

(d) Cane Creek Wildlife Management Area;

(e) Mill Creek Wildlife Management Area;

(f) Pioneer Weapons Wildlife Management Area; and

(g) Redbird Wildlife Management Area.

Section 4. Chasing Bears with Dogs. A person shall not use a dog to chase a bear except during the seasons established in subsections (1) and (2) of this section.

(1) The chase-only season shall be from:

(a) June 1 through August 31; and

(b) September 9 through September 30; and

(2) The bear hunt with dogs season shall be pursuant to Section 8(1) of this administrative regulation and shall also be open as a chase-only season.

Section 5. Bear Permit Requirements.

(1) Unless exempted by KRS 150.170, a person hunting a bear during the archery, crossbow, or modern gun seasons shall carry on his or her person a valid annual Kentucky hunting license and a valid bear permit or combination bear permit while hunting.

(2) Unless exempted by KRS 150.170, during the bear hunt with dogs season:

(a) A person attempting to harvest a bear shall carry on his or her person a valid annual Kentucky hunting license and either a valid:

Bear permit and bear chase permit; or
Combination bear permit; and

(b) A person in a bear hunt or bear chase party who does not intend to harvest a bear shall carry on his or her person a valid annual Kentucky hunting license and either a valid:

Bear chase permit; or
Combination bear permit.

(3) Unless exempted by KRS 150.170, during a bear chase season, a person in a hunt party engaged in the pursuit of bear with the use of dogs shall carry on his or her person any valid annual Kentucky hunting license and either a valid:

(a) Bear chase permit; or

(b) Combination bear permit.

Section 6. Hunter Restrictions.

(1) A person shall not:

(a) Harvest a bear except during daylight hours;

(b) Use a dog during the modern gun, muzzleloader, or archery and crossbow season to hunt bear, except leashed tracking dogs may be used to recover a wounded or dead bear;

While bait is present; or
For thirty (30) days after the bait has been removed;

(d) Harvest:

A female bear that has a cub; or
A bear that weighs less than seventy-five (75) pounds;

(e) Harvest a bear that is swimming;

(f) Harvest a bear if the person is in a vehicle, boat, or on horseback, except that a hunter in possession of a disability hunting methods exemption permit issued by the department as established in 301 KAR 3:027 may use a stationary vehicle as a hunting platform;

(g) Harvest a bear in a den;

(h) Disturb a bear in a den for the purpose of taking the bear if the bear exits the den; or

(i) Use radio telemetry equipment to locate a bear that is equipped with a radio-tracking collar.

(2) An adult shall accompany and maintain control of a youth who is hunting bear with a firearm.

Section 7. Equipment Restrictions.

(1) A person shall only use the equipment and ammunition established in paragraphs (a) through (e) of this subsection to take a bear:

(a) A crossbow or archery equipment loaded with a broadhead of seven-eighths (7/8) inch or wider upon expansion;

(b) A modern rifle:

With an action that fires a single round of ammunition upon each manipulation of the trigger;
Loaded with:

a. Bullets of .264 caliber (6.5 mm) or larger; and

b. Centerfire, single projectile ammunition designed to expand upon impact;

(d) A shotgun of twenty (20) gauge or larger loaded with a shell containing a slug or a slug with a sabot; or

(e) A handgun loaded with:

Centerfire cartridges;
Bullets of .264 caliber (6.5 mm) designed to expand upon impact; and
Cartridges with a case length of 1.285 inches or larger.

(2) A crossbow shall contain a working safety device.

(3) A bear hunter using a modern gun shall not use a magazine capable of holding more than ten (10) rounds.

(4) A bear hunter may use archery, crossbow, or muzzleloader equipment to take a bear during bear modern gun season.

Section 8. Bear Season Dates and Bag Limits.

(1) A legal bear hunter shall only kill a bear in the open bear zones during the seasons established in paragraphs (a) through (f) of this subsection:

(a) The archery and crossbow season for bears in Bear Zone 1 shall be for three (3) consecutive days beginning on the fourth Saturday in October;

(b) The archery and crossbow season for bears in Bear Zone 2 shall be for five (5) consecutive days beginning on the fourth Saturday in October;

(c) The archery and crossbow season for bears in Bear Zone 3 shall be for fourteen (14) consecutive days beginning the third Saturday in September, and five (5) consecutive days beginning on the fourth Saturday in October;

(d) The modern gun season for bears in Bear Zone 1 shall be for three (3) consecutive days beginning on the second Saturday in December;

(e) The modern gun season for bears in Bear Zone 2 and Bear Zone 3 shall be for five (5) consecutive days beginning on the second Saturday in December;

(f) The bear hunt with dogs season in Bear Zone 1 shall be for five (5) consecutive days beginning on the Monday prior to the fourth Saturday in October; and

(g) The bear hunt with dogs season in Bear Zone 2 and Bear Zone 3 shall be for five (5) consecutive days beginning on the Monday prior to the fourth Saturday in October and for nine (9) consecutive days beginning the Thursday following the fourth Saturday in October.

(2) A person shall not harvest more than one (1) bear in a license year.

Section 9. Bear Hunt with Dogs Requirements.

(1) A person shall only harvest a bear using legal equipment with the use of unleashed dogs that are actively pursuing, chasing, baying, or treeing a bear prior to harvest.

(2) A dog used to harvest bears shall be a purebred or a crossbreed of the recognized dog breeds established in paragraphs (a) through (l) of this subsection.

(a) Airedale;

(b) American black and tan coonhound;

(d) Bluetick coonhound;

(e) English coonhound;

(f) Leopard cur;

(g) Majestic tree hound;

(h) Mathis;

(i) Mountain cur;

(j) Plott hound;

(k) Redbone coonhound;

(l) Siberian Laika; or

(m) Treeing walker coonhound.

Section 10. Hunter Orange Clothing Requirements.

(1) During any modern gun or muzzleloader 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 11. Bear Reserves. The areas established in subsections (1) through (3) of this section shall be closed to all bear hunting and bear chase with dogs.

(1) Cumberland Gap National Historical Park;

(2) Hensley-Pine Mountain Wildlife Management Area; and

(3) Big South Fork National River and Recreation Area.

Section 12. 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;

(d) Sex of the bear.

(2) A person who has harvested a bear shall:

(a) Retain a completed hunter's log;

(b) Telecheck the bear by 8 p.m. Eastern Standard Time the day the bear was harvested by:

Calling 800-245-4263 and completing the telecheck process or checking the bear on the department's Web site at fw.ky.gov; and
Recording the confirmation number on the hunter's log;

Calling the department at 800-858-1549 within twenty-four (24) hours of harvest and prior to removing the harvested bear from the Bear Zone; and
Presenting to department personnel the bear carcass or an intact hide that contains the skull and proof of sex by including the attached:

a. Testicles, scrotum, or penis for a male bear; or

b. Udder or vulva for a female bear; and

(d) Attach to the carcass a department issued tag after having the bear inspected by department personnel.

History

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 and methods of take, and to make these 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 KAR Title 301. This administrative regulation establishes bear hunting and chasing seasons, bear hunting areas, legal methods of take, and permitting, checking, and recording requirements.
History: 301 KAR 002:300. 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; 40 Ky.R. 412; 800; eff. 10-3-2013; 40 Ky.R. 2615; 41 Ky.R. 35; eff. 7-3-2014; 2318; eff. 9-4-2015; 43 Ky.R. 2034; 44 Ky.R. 56; eff. 7-6-2017; 45 Ky.R. 3498; eff. 8-20-2019; 46 Ky. R. 2115, 2625; eff. 6-4-2020; 47 Ky.R. 2640; 48 Ky.R. 792; eff. 9-15-2021; 49 Ky.R. 83; eff.10-20-2022; 49 Ky.R. 1656, 2090; eff. 6-8-2023; 51 Ky.R. 1314; eff. 6-18-2025.

Chapter 3 Hunting and Fishing

301 KAR 3:001 Definitions for 301 KAR Chapter 3 {#sec-301-kar-3-001 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:001}

Section 1. Definitions.

(1) "Adult" means a person who is at least eighteen (18) years of age.

(2) "Aircraft" means a device that is used or intended to be used for flight in the air.

(3) "Air gun" means a pneumatic gun fired by a charge of compressed air.

(4) "ATV" is as defined in KRS 189.010(24).

(5) "Bait":

(a) Means a substance composed of grains, minerals, salt, fruits, vegetables, hay, or any other food materials, whether natural or manufactured, that could lure, entice, or attract wildlife; and

(b) Does not mean the establishment and maintenance of plantings for wildlife, foods found scattered solely as the result of normal agricultural planting or harvesting practices, foods available to wildlife through normal agricultural practices of livestock feeding if the areas are occupied by livestock actively consuming the feed on a daily basis, or standing farm crops under normal agricultural practices.

(6) "Baiting" means to place, deposit, tend, distribute, or scatter bait.

(7) "Camp Piomingo" means a designated area within Otter Creek Outdoor Recreation Area that is leased from the department for an outdoor summer camp.

(8) "Chronic Wasting Disease" or "CWD" means a transmissible spongiform encephalopathy found in cervids.

(9) "Club-operated shooting range" means a facility that is:

(a) Operated by a department-authorized entity for target shooting; and

(b) Open to the public during club events.

(10) "Commercial purposes" means taking nuisance wildlife in exchange for payment, trade, or associated with job duties as part of employment.

(11) "Conservation camp" means a tract of land:

(a) Controlled by the department through ownership, lease, license, or cooperative agreement; and

(b) That is utilized to host conservation camps.

(12) "Crossbow" means a bow with a string designed or fitted with a device to hold an arrow at full or partial draw without aid from the archer.

(13) "CWD Surveillance Zone" means an area, designated and listed on the department's website at fw.ky.gov, as being under special cervid requirements, as established in 301 KAR 2:172, due to a CWD positive cervid detection.

(14) "Department" is defined in KRS 150.010(10).

(15) "Enhanced Rabies Surveillance Zone" means the counties designated by the United States Department of Agriculture as current rabies surveillance counties listed at http://fw.ky.gov/Wildlife/Pages/Rabies.aspx.

(16) "Event" means a planned activity conducted by the department or a group for the purpose of boating, fishing, hunting, shooting, trapping, or other recreational activity.

(17) "Exotic wildlife " means wildlife species that have never naturally existed in the wild in Kentucky, including species introduced by man that have become naturalized.

(18) "Federally protected wildlife[ ]" means any wildlife species listed by the U.S. Fish and Wildlife Service as threatened or endangered, and any birds protected under the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act.

(19) "Field trial" means an organized event where unleashed hunting dogs are worked and judged.

(20) "Firearm" means a breach or muzzle-loading rifle, shotgun, or handgun.

(21) "Firing line" means the area where a weapon is shot or discharged, as designated by:

(a) Signage;

(b) A shooting bench; or

(22) "Fishing outfitter" means the holder of a valid license, issued by the department, which authorizes a person to solicit for guiding services or provide guiding services for clients in the taking or attempting to take fish and which may have fishing guides authorized to assist clients on behalf of the license holder.

(23) "Fishing guide" means the holder of a valid license, issued by the department, which authorizes a person to assist a fishing outfitter license holder's clients in taking or attempting to take fish and is employed by or contracted with a fishing outfitter license holder.

(24) "Fishing helper" means a person who assists a fishing outfitter or fishing guide and is in the same boat or is directly alongside of the fishing outfitter or fishing guide if standing on a stream or riverbank while guiding others in the taking or attempting to take of fish.

(25) "Group" means:

(a) A club, society, or association;

(b) Ten (10) or more persons who gather to conduct an event; or

(26) "Harass" means any action that creates the likelihood of injury to wildlife by annoying it with aircraft or unmanned aircraft to such an extent as to significantly disrupt normal behavior patterns, which include breeding, feeding, or sheltering.

(27) "Horse" means a horse, pony, mule, donkey, llama, or similar beast of burden.

(28) "Hunting outfitter" means the holder of a valid license, issued by the department, which authorizes a person to solicit for guiding services or provide guiding services for clients in the taking or attempting to take wildlife and which may have hunting guides authorized to assist clients on behalf of the license holder.

(29) "Hunting guide license" means the holder of a valid license, issued by the department, which authorizes a person to assist a hunting outfitter license holder's clients in taking or attempting to take wildlife and is employed by or contracted with a hunting outfitter license holder.

(30) "Injurious substance" means a substance which may be harmful to wildlife, or wildlife habitat.

(31) "Mechanized vehicle" means a motor vehicle, bicycle, or other human conveyance except a wheelchair.

(32) "Mentee" means an individual who is participating or going to participate in a mentored event to receive guidance and instruction from a mentor to learn the lawfully compliant methods and techniques for engaging in the activity being performed in the mentored event.

(33) "Mentor" means an adult who:

(a) Has previously participated in a particular activity; and

(b) Is well versed in the techniques, equipment, and safety concerns related to the activity that is to occur at an event.

(34) "Mentored event" means an event during a statewide season in which mentors accompany mentees.

(35) "Mobility-impaired" means an individual who meets the requirements of 301 KAR 3:026 Section 2(1).

(36) "Motor vehicle" is defined in KRS 189.010(19).

(37) "Novice" means a person who has not:

(a) Held the applicable license for an event activity for more than two (2) license years in total;

(b) Held the applicable license for an event activity within the past three (3) years;

(d) For shooting and boating activities, participated in the activity more than five (5) times within the past three (3) years.

(38) "Nuisance wildlife" means vertebrate wildlife that causes or may cause damage or threat to agriculture, human health, safety, or property.

(39) "Nuisance wildlife control operator" or "NWCO" means the holder of a valid permit, issued by the department, which authorizes the taking of nuisance wildlife for commercial purposes.

(40) "Participant" means an individual who engages in boating, fishing, hunting, shooting, or trapping, as part of an event.

(41) "Pistol pit" means a shooting range that is established for target shooting with pistols.

(42) "Qualified assistant" means an individual who is participating in the activity with the mobility-impaired individual and designated by the mobility-impaired individual.

(43) "Rabies vector species" means a:

(a) Bat of any species (order Chiroptera);

(b) Coyote (Canis latrans);

(d) Raccoon (Procyon lotor);

(e) Red fox (Vulpes vulpes);

(f) Spotted skunk (Spilogale putorius);

(g) Striped skunk (Mephitis mephitis); or

(h) Hybrid of paragraphs (a) through (g) of this subsection.

(44) "Range officer" means an individual designated as a National Rifle Association range officer, a National Shooting Sports Foundation range officer, a department hunter education instructor, or a law enforcement range officer, responsible for supervising a shooting range and ensuring compliance with this administrative regulation.

(45) "Ride" means to ride, drive, or lead a horse.

(46) "Rural habitat" means an area of the state not included within the boundaries of an incorporated or unincorporated city, village, or borough, and having a population in excess of 1,500 inhabitants.

(47) "Safety zone" means an area downrange of a firing line where all public access is prohibited as designated by department signs.

(48) "Self-service trap shooting range" means a shooting range that is established for people to shoot at moving targets with a shotgun.

(49) "Shooting station" means a location on the firing line for one (1) person to shoot, as designated by:

(a) Signage;

(b) A shooting bench; or

(50) "Shooting range" or "range" means a public facility on lands owned or managed by the department through ownership, lease, license, or cooperative agreement, or a facility owned or managed by an affiliated partner of the department that is designated for the shooting of firearms or archery equipment.

(51) "Special Use Wildlife Management Area" or "Special Use WMA" means a Wildlife Management Area that is subject to special restrictions due to safety concerns or recorded deed restrictions on the subject property prohibit.

(52) "Tube range" means a shooting range established for target shooting through designated steel tubes.

(53) "Unmanned aircraft" means an aircraft operated without the possibility of direct human intervention from within or on the aircraft.

(54) "WCO Permit" means the wildlife control operator's permit issued pursuant to Title 301 KAR 3:120.

(55) "Wildlife control operator" or "WCO" means the holder of a valid permit, issued by the department, which authorizes the taking of nuisance wildlife for commercial purposes.

(56) "Wildlife management area" or "WMA" means a tract of land:

(a) Controlled by the department through ownership, lease, license, or cooperative agreement; and

(b) Having "Wildlife Management Area" or "WMA" as part of its official name.

History

RELATES TO: KRS 150.010, 150.025, 189.010
STATUTORY AUTHORITY: 150.025(1)(i)
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(i) authorizes the department to promulgate administrative regulations to carry out the purpose of the chapter. This administrative regulation establishes definitions for terms used in 301 KAR Chapter 3.
History: 301 KAR 003:001. 51 Ky.R. 1970; 52 Ky.R. 84; eff. 9-18-2025.

301 KAR 3:005 Public use of newly acquired or newly managed lands {#sec-301-kar-3-005 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:005}

Section 1.

(1) Upon acquiring new public land, the department shall close the area to all hunting, fishing, or trapping or for certain species for up to the first three (3) years of ownership if:

(a) Inadvertent trespassing on adjacent private land by hunters, anglers, or trappers due to a lack of adequate boundary marking is likely; or

(b) The activity would have a negative impact to wildlife populations.

(2) The department shall close areas to all hunting, fishing, or trapping or consumption of certain species if:

(a) The department determines the area is unsafe for hunting, fishing, or trapping due to:

Hazards that exist on the area which pose a substantial risk of harm to members of the public engaged in the activity;
The area being adjacent to or near residential dwellings or commercial development; or
Construction activities;

(b) The area is deemed unsuitable for hunting, fishing, or trapping due to:

The department establishing the area for use as office space, equipment storage, parking, habitat preservation, a shooting range, boat ramp access, or exclusively for educational purposes; or
Ongoing management, habitat improvement, or research by the department which would conflict with the activity; or

(c) Species found within the area are deemed unsafe or unsuitable for consumption based upon suspected or confirmed environmental hazards or disease.

(3) An area shall be closed for hunting and trapping if the area is established by the department exclusively for public fishing access.

(4) If there are any restrictions as established pursuant to subsection (1), (2), or (3) of this section, the department shall inform the public by:

(a) Conspicuously posting the requirements on signage at major access points on the area; and

(b) Posting the area requirements on the department's Web site at fw.ky.gov.

Section 2.

(1) Upon acquiring or managing new public land, the department may establish temporary device restrictions for hunting that differ from statewide requirements, for up to three (3) years, if an imminent risk is present regarding:

(a) Human safety; or

(b) A negative impact on the area's population of a species.

(2) Upon acquiring or managing new public land, the department may establish temporary gear, size limits, or harvest limits that differ from statewide fishing requirements, for up to three (3) years, if an imminent risk is present regarding a negative impact on the area's population of aquatic species.

(3) If there is any deviation from statewide device requirements regarding methods of take, as established in subsections (1) and (2) of this section, the department shall inform the public as established in Section 1(4) of this administrative regulation.

History

RELATES TO: KRS 150.010, 150.170, 150.175, 150.390
STATUTORY AUTHORITY: KRS 150.025(1), 150.620
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make administrative regulations apply to a limited area. KRS 150.620 authorizes the department to promulgate administrative regulations for the maintenance and operation of the lands it has acquired for public recreation. This administrative regulation establishes the requirements for the department to close seasons on newly acquired or managed properties or to establish requirements that are different from statewide season requirements or methods of take until the department can subsequently amend administrative regulations. This administrative regulation also establishes the authority to restrict hunting, fishing, and trapping or methods of take in areas for reasons of public safety.
History: 42 Ky.R. 2521; eff. 6-3-2016; 51 Ky.R. 772, 1281; eff. 4-2-2025.

301 KAR 3:010 Public use of Wildlife Management Areas {#sec-301-kar-3-010 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:010}

Section 1. While upon a WMA:

(1) A person shall observe the hunting dates, limits, and other requirements that apply to the county in which the WMA is located, unless otherwise specified in:

(a) This administrative regulation;

(b) 301 KAR 2:049;

(d) 301 KAR 2:140;

(e) 301 KAR 2:142;

(f) 301 KAR 2:144;

(g) 301 KAR 2:178;

(h) 301 KAR 2:222;

(i) 301 KAR 2:225; or

(j) 301 KAR 2:300.

(2) Except for waterfowl or dove hunting, or legal hunting at night, a person who is hunting any species, or a person who is accompanying a hunter, shall wear hunter orange clothing pursuant to 301 KAR 2:172 while:

(a) On a WMA that is open for modern gun or muzzleloader deer seasons, pursuant to 301 KAR 2:178;

(b) Hunting within the sixteen (16) county elk zone when a firearms elk season is open, pursuant to 301 KAR 2:132; or

(3) A person may hunt small game, furbearers, or turkey by archery during the modern gun deer season, including the first two (2) days, if the statewide modern gun deer season is closed on that area.

(4) Unless specified otherwise in 301 KAR 2:049, a person shall not allow an unleashed dog from March 1 until the third Saturday in August, except when participating in:

(a) A department-authorized field trial;

(b) The spring squirrel season; or

The activity is authorized by a sign at the body of water; and
The dog remains leashed except while actively training in or within 100 feet of the body of water.

(5) A person shall not:

(a) Hunt:

On a WMA or portion of a WMA designated by a sign as closed to hunting; or
At an established access point, launching ramp, or recreation area.

(b) Enter a portion of a Wildlife Management Area designated by a sign as closed to public access.

(d) Camp, except in a designated area.

(e) Place or distribute bait or otherwise participate in baiting wildlife on a Wildlife Management Area. Bait shall not include the establishment and maintenance of plantings for wildlife, foods found scattered solely as the result of normal agricultural planting or harvesting practices, foods available to wildlife through normal agricultural practices of livestock feeding if the area is occupied by livestock actively consuming the feed on a daily basis, or standing farm crops under normal agricultural practices.

(f) Hunt over bait.

(g) Place trail cameras on WMAs or public hunting areas unless the trail camera is externally labeled with the owner's Fish and Wildlife customer identification number.

Section 2. Horseback Riding. A person shall not:

(1) Ride a horse on a WMA except:

(a) On a trail or area specifically marked for horseback riding;

(b) On a maintained public road open to public vehicular traffic;

(c) During an event where a horse is allowed under a permit issued under the provisions of Section 5 of this administrative regulation; or

(d) While engaged in a legal hunting activity.

(2) Allow a horse to roam or graze on department property.

(3) Tether a horse in a way that would cause damage to a tree or shrub.

(4) Participate in horseback riding during firearms seasons for turkey, deer, and elk unless participating or assisting in a legal elk hunt. Any persons legally riding horses during an elk hunt shall abide by the hunter orange requirements found in 301 KAR 2:132, Section 5(5).

Section 3. Prohibited Activities. Except as authorized by the department, on a WMA a person shall not:

(1) Damage a tree or shrub;

(2) Dump trash or litter;

(3) Set fires, except for an attended campfire;

(4) Leave a campfire unattended;

(5) Cut or damage a fence or gate;

(6) Deface or destroy a sign;

(7) Destroy, harvest, or glean a crop;

(8) Allow livestock to roam freely;

(9) Dump the contents of a holding tank, portable toilet, or other container holding human waste;

(10) Deface or collect artifacts from historical or archeological sites;

(11) Ignite fireworks or rockets;

(12) Collect or remove plants;

(13) Place or cause to be placed an injurious substance on land or water;

(14) Engage in an activity which:

(a) Is commercial in nature and intent unless specified in Section 5(3) of this administrative regulation; or

(b) Could:

Unreasonably interfere with other uses or users of the area;
Pose a risk to persons or property; or
Damage facilities, roads, trails, or ecosystems of the area.

Section 4. Use of Mechanized Vehicles. Except as specifically authorized by the department in this administrative regulation, on a WMA, a person shall not:

(1) Use a mechanized vehicle except:

(a) On a maintained road open to public use; or

(b) In a designated parking area;

(2) Park in a way that would:

(a) Block a road or gate; or

(b) Prevent access to a portion of the area.

Section 5. Group Permits.

(1) A group shall not conduct an event upon department property without obtaining a permit at least thirty (30) days before the date of the event.

(2) An applicant shall use the "Wildlife Management Area Use Permit Application".

(3) The department shall deny a permit for an event that involves:

(a) The use of mechanized vehicles, except for travel to and from the area; or

(b) An activity prohibited in Section 3 of this administrative regulation except that a commercial activity may be permitted if it is:

An informational booth;
A food vendor;
For collecting registration or entrance fees;
A similar ancillary activity authorized by the event permit; or
An ecotourism event approved by the department.

(4) The department may:

(a) Require the group to reschedule an event to avoid user conflicts;

(b) Restrict an event to a specified location within the WMA;

(c) Cancel a scheduled event if flooding, fire danger, or other unforeseen circumstances render the WMA unsafe or unsuitable for the event; or

(d) Require the group to provide portable sanitary toilet facilities if existing facilities on the WMA are inadequate for the expected size of the group.

(5) A group that holds a valid WMA use permit for an event on a shooting range shall:

(a) Maintain a sign-in sheet with participants required to sign-in prior to participating in the event; and

(b) Submit the sign-in sheet to the department within thirty (30) days of the event by any method indicated on the application incorporated by reference in 301 KAR 3:015.

(6) The department shall revoke the permit and cancel an event if the group's behavior:

(a) Is rude, obnoxious, disruptive, or disorderly;

(b) Creates a danger to the health or safety of other users;

(d) Violates a state or federal law.

(7) The department may deny a permit to a group which has had a previous event canceled under subsection (5) of this section.

Section 6. Appeal of Permit Denial.

(1) A person who wishes to appeal the denial of a permit shall request a hearing in writing, postmarked or delivered in person to the department no later than ten (10) days after notification of denial.

(2) Upon receipt of the request for a hearing, the department shall:

(a) Appoint a hearing officer qualified to conduct hearings under the provisions of KRS Chapter 13B; and

(b) Schedule a hearing to be held:

Prior to the next regularly scheduled meeting of the commission, if the request for a hearing is received more than thirty (30) days before the scheduled commission meeting; or
Within thirty (30) days, if the request for a hearing is received within thirty (30) days of the next scheduled commission meeting.

(3) The hearing officer shall conduct the hearing and present his recommendation at the commission meeting immediately following the hearing date.

(4) The department may present evidence and call witnesses to support the suspension or revocation.

(5) The commission shall make its decision by majority vote.

(6) A person may appeal a decision of the commission in accordance with the provisions of KRS Chapter 13B.

Section 7. On Wildlife Management Areas not owned by the department, provisions of this administrative regulation shall not apply if:

(1) An activity prohibited by this administrative regulation is allowed by the entity owning the property; or

(2) An activity allowed by this administrative regulation is prohibited by the entity owning the property.

Section NaN. Section 8. Special Use Wildlife Management Areas.

(1) Special Use Wildlife Management Areas shall be established by the Department when safety concerns arising from the size of the property or the area surrounding the property are prevalent or due to recorded deed restrictions on the subject property.

(2) When safety concerns necessitate an area be designated a Special Use Wildlife Management Area, the area shall be subject to the following restrictions:

(a) The use of rimfire rifles, centerfire rifles, pistols, or single-projectile shotgun ammunition for hunting or target shooting shall be prohibited; and

(b) The use of air rifles shall be prohibited except .177-.25 caliber air rifles shall be allowed for small game hunting.

(3) Special Use Wildlife Management Areas established due to deed restrictions shall have restrictions consistent with those established in the recorded deeds for the area.

Section NaN. Section 9. Incorporation by Reference.

(1) "Wildlife Management Area Use Permit Application", 2025 Edition, is incorporated by reference.

(2) It 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 from 8 a.m. to 4:30 p.m. Monday through Friday or online at:https://fw.ky.gov/Licenses/Documents/WMAUserPermitApp.pdf.

History

RELATES TO: KRS 13B, 150.025, 150.620, 150.640
STATUTORY AUTHORITY: KRS 150.025, 150.620
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the Kentucky Department of Fish and Wildlife Resources to promulgate administrative regulations necessary to carry out the purposes of KRS Chapter 150. KRS 150.620 authorizes the department to impose and enforce special administrative regulations on lands acquired for public hunting, fishing, and related recreational uses. This administrative regulation prohibits certain actions inconsistent with the intended purpose of Wildlife Management Areas, establishes requirements for other uses, and stipulates the procedure for obtaining group use permits on these areas.
History: 301 KAR 003:010. KFWR-H&F-5; 1 Ky.R. 34; eff. 10-2-1974; Am. 3 Ky.R. 153; eff. 9-1-1976; 12 Ky.R. 1746; eff. 6-10-1986; 24 Ky.R. 2422; 25 Ky.R. 62; eff. 7-7-1998; 27 Ky.R. 3152; 28 Ky.R. 78; eff. 7-16-2001; 29 Ky.R. 1321; 1766; 30 Ky.R. 2568; 31 Ky.R. 349; eff. 8-26-2004; 33 Ky.R. 1115; eff. 12-7-2006; 48 Ky.R. 48 889, 2203; eff. 5-3-2022; 51 Ky.R. 1957; 52 Ky.R. 385; eff. 9-18-2025.

301 KAR 3:012 Public use of Otter Creek Outdoor Recreation Area {#sec-301-kar-3-012 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:012}

Section 1. General Area Use Restrictions.

(1) A person, except for permit exempt individuals, shall possess and carry:

(a) A valid daily or annual Area Entry Permit when using the Otter Creek Outdoor Recreation Area; and

(b) A valid daily or annual Special Activities Permit if:

Biking on designated trails;
Horseback riding on designated trails; or
Using designated shooting range facilities, except individuals possessing a valid shooting range permit shall not be required to possess a Special Activities Permit when using designated shooting range facilities.

(2) A shooting range permit shall not be required of a person who holds an Area Entry Permit and Special Activities Permit. The person shall follow safety rules and provisions for use of a shooting range as established in 301 KAR 3:015.

(3) The department may enter into a lease agreement with Camp Piomingo to establish an annual flat-rate fee that allows permit-exempt use of the area by Camp Piomingo:

(a) Campers; and

(b) Staff.

(4) A person shall not be on the area when the area is closed, except for:

(a) Registered campers at the designated campground area;

(b) Authorized hunters;

(d) Department authorized contractors; or

(e) Individuals taking part in a special activity or event authorized by the department.

(5) The department shall notify the public when the area is closed by:

(a) A pre-recorded phone message;

(b) An internet posting; and

(6) A person shall park vehicles in designated parking areas only.

(7) A person who is hunting, fishing, trapping, or boating on the area shall follow all applicable administrative regulation requirements pursuant to 301 KAR Chapters 1, 2, 3, and 6.

(8) The area shall be closed to the general public, except for authorized hunters, during:

(a) A firearms deer quota hunt pursuant to 301 KAR 2:178; and

(b) Spring turkey season, pursuant to 301 KAR 2:142.

(9) The following activities shall be prohibited without prior department authorization:

(a) Cutting or removing live or standing trees, shrubs, or other vegetation;

(b) Riding motorized all-terrain or off-highway vehicles;

(d) Camping, except in designated areas;

(e) Setting fires, except for attended fires:

In designated camping areas; or
In grills at designated picnic areas;

(f) Blocking a roadway or gate;

(g) Igniting fireworks or rockets;

(h) Participating in a commercial activity or endeavor;

(i) Damaging or destroying crops or wildlife food plots;

(j) Damaging or defacing buildings, structures, signs, or other property;

(k) Hunting in an area closed to hunting;

(l) Tethering a horse to a tree, shrub, or sign; or

(m) Discharging a firearm:

Within 100 yards of a building;
Except on a designated firearm shooting range; or
Except during an authorized hunting season in an authorized hunting area.

Section 2. Trail Requirements.

(1) A person shall only ride a horse or bike on designated trails or roadways.

(2) A person shall not possess a wheeled vehicle other than a bike on a designated bike trail, except for department authorized maintenance activities.

(3) A person shall not ride a bike or a horse on designated trails that have been temporarily closed by the department due to:

(a) Hunting activity;

(b) Wet conditions;

(d) Downed trees;

(e) Unsafe conditions; or

(f) An event authorized by the department.

(4) The department shall provide the public with a reasonable notification system for temporary trail closures that includes:

(a) A pre-recorded phone message;

(b) An internet posting; and

Section 3. Event Permits.

(1) A group of people conducting an event shall not meet on the area without first applying for and obtaining a completed Event Permit from the department by submitting an Otter Creek Event Permit Application.

(2) A person, on behalf of the people involved with an event, shall apply for an Event Permit at least thirty (30) days in advance of the planned event.

(3) The department shall deny an Event Permit if the planned activity or event:

(a) Is prohibited pursuant to this administrative regulation; or

(b) Is in conflict with:

Another Event Permit activity already authorized by the department;
A hunting season;
A quota hunt; or
Recreational use of the area.

Section 4. Incorporation by Reference.

(1) "Otter Creek Event Permit Application", 2011 Edition, is incorporated by reference.

(2) The permit application 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, Monday through Friday, 8 a.m. to 4:30 p.m. Eastern Time or online at: Otter Creek Event Permit Application:https://fw.ky.gov/Wildlife/Documents/Otter-Creek-Event-Permit-Application.pdf

History

RELATES TO: KRS 150.010, 150.240, 150.620, 150.640, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.240(2), 150.620
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
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, and to make these requirements apply to a limited area. KRS 150.240(2) authorizes the department to promulgate administrative regulations to establish permits for public or commercial shooting areas. KRS 150.620 authorizes the department's commission to acquire, improve, and maintain lands for public shooting, fishing, and other recreational uses, to impose and enforce special regulations in the maintenance and operation of these lands, to pay for the cost of the operations and maintenance of these areas, and to charge fair and reasonable fees to the public for use of these areas. This administrative regulation establishes requirements for the use of the Otter Creek Outdoor Recreation Area.
History: 301 KAR 003:012. 37 Ky.R. 1934; 2155; eff. 4-1-2011; 39 Ky. 354; 967; eff. 12-7-2012; 48 Ky.R. 892; eff. 3-1-2022; 52 Ky.R. 1397, 1806; eff. 6-4-2026.

301 KAR 3:013 Peabody Wildlife Management Area use requirements and restrictions {#sec-301-kar-3-013 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:013}

Section 1. Permits Required. Except as established in Sections 3 and 4 of this administrative regulation, a person sixteen (16) years or older while on the Peabody Wildlife Management area (PWMA) in Hopkins, Ohio, and Mulhenburg Counties owned or managed by the Department of Fish and Wildlife Resources shall:

(1) Have in his or her possession a Peabody Wildlife Management Area user permit; or

(2) Be a member of a group with an event permit, either an individual event permit or annual event permit.

Section 2. Individual and Annual Event Permits.

(1) In lieu of individual user permits, a person representing a group using the PWMA shall have in possession both an event permit and the Wildlife Management Area Use Permit as established in 301 KAR 3:010, Section 5.

(2) An event permit shall:

(a) Apply to each member of the group;

(b) Include:

If it is an individual event permit, the permit's period of validity, not to exceed four (4) days or, if it is an annual event permit, the dates the permit is not valid;
The activities in which the group will engage;
The name of the group; and
The name and address of an individual representing the group.

(3) The department may:

(a) Limit the number of event permits issued; or

(b) Assign a specific location for an event.

(4) The department shall:

(a)

Deny the application for an event that would interfere with:

a. A management objective for the PWMA; or

b. Other uses or users; or

Revoke individual or event permits for violations of the terms of the application or this administrative regulation; and

(b) Not issue an event permit for an event at which wildlife is taken.

Section 3. Permit Exceptions. An individual or event permit shall not be required of a person:

(1) On official business and employed by or an agent of:

(a) Peabody Coal Company;

(b) Beaver Dam Coal Company;

(d) The Kentucky Department of Fish and Wildlife Resources:

(2) En route through the PWMA on a state or county road; or

(3) On the PWMA:

(a) As a necessary part of his or her job; or

(b) For the protection of public safety or well-being.

(4) A shooting range permit shall not be required of a person who:

(a) Holds a Peabody Wildlife Management Area use permit; or

(b) Is a member of a group that holds a Peabody WMA Event Permit and a Wildlife Management Area Use Permit, pursuant to 301 KAR 3:010, Section 5, for an event on the shooting range.

(5) All individuals shall follow safety rules and provisions for use of a shooting range as established in 301 KAR 3:015.

Section 4. Permit Applications.

(1) An applicant for an individual permit shall:

(a) Apply at an authorized license agent; and

(b) Pay the fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

(2) An applicant for an event permit shall:

(a) Apply on the Peabody WMA Event Permit Application; and

(b) Pay the fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

(3) The department shall keep applications and copies of event permits issued in a retrievable form for a minimum of one (1) year after the permits expire.

Section 5. Prohibited Activities. While on the PWMA, a person shall not:

(1) Swim for recreational purposes;

(2) Camp, except in a primitive fashion along an existing road;

(3) Leave a campfire unattended;

(4) Operate a motorized vehicle:

(a) Off an existing road; or

(b) Where prohibited by signs;

(5) Block a road or gate;

(6) Park, except in a designated parking area unless none are available;

(7) Park or camp within 100 feet of well heads;

(8) Target shoot, except at a designated area;

(9) Construct a permanent structure;

(10) Leave a temporary blind or stand in place overnight;

(11) Operate a boat:

(a) With a centerline exceeding eighteen (18) feet six (6) inches in length, except:

A canoe shall not have a length restriction; and
A pontoon boat shall not exceed twenty-two (22) feet in length;

(b) At greater than idle speed; or

Goose Lake;
Island Lake; or
South Lake.

Section 6. Incorporation by Reference.

(1) "Peabody WMA Event Permit Application", May 2025; 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 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or online at: https://fw.ky.gov/Licenses/Documents/Peabody-Event-Permit-App.pdf.

History

RELATES TO: KRS 150.250, 150.620, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.195(4)(f), (g), 150.620
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.620 authorizes the department's commission to acquire lands for public use, to promulgate administrative regulations for their management, and to charge fees for their use. KRS 150.195(4)(f) and (g) authorize the department to establish the term and manner of license and permit sales. KRS 150.025(1) authorizes the department to promulgate administrative regulations necessary to carry out the purposes of KRS Chapter 150. This administrative regulation establishes a permit for public use of the Peabody Wildlife Management Area and places necessary restrictions on the area's use by the public.
History: 301 KAR 003:013. 19 Ky.R. 2531; Am. 20 Ky.R. 67; eff. 6-23-1993; 23 Ky.R. 3398; 3752; eff. 5-14-1997; 30 Ky.R. 412; 2572; eff. 10-31-2003; 31 Ky.R. 352; eff. 8-26-2004; 48 Ky.R. 906, 2698; eff. 6-9-2022; 52 Ky.R. 300; eff. 11-6-2025; Recodified from 301 KAR 004:100, 12-2-2025; 52 Ky.R. 1400, 1807; eff. 6-4-2026.

301 KAR 3:026 Access to Wildlife Management Areas for mobility-impaired individuals {#sec-301-kar-3-026 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:026}

Section 1. Definitions.

(1) "ATV" is defined in KRS 189.010(24).

(2) "Department" is defined in KRS 150.010(8).

(3) "Mobility-impaired individual" means an individual who meets the requirements of Section 2(1) of this administrative regulation.

(4) "Motor vehicle" is defined in KRS 189.010(19)(b).

(5) "Qualified assistant" means an individual who is participating in the activity with the mobility-impaired individual and designated by the mobility-impaired individual.

(6) "WMA" means a Wildlife Management Area owned or operated by the department.

Section 2. Mobility-impaired Access Permit.

(1) A person shall qualify for a mobility-impaired access permit application if one (1) of the following requirements is met. The person:

(a) Has permanent paralysis of at least one (1) leg;

(b) Has at least one (1) foot amputated;

(c) Is permanently confined to a wheelchair or needs crutches or a walker as a means of support to pursue daily activities;

(d) Is restricted by a lung disease to an extent that the person's forced respiratory expiratory volume for one (1) second, when measured by spirometry, is less than one (1) liter, or the arterial oxygen tension is less than sixty (60) mm/hg on room air at rest;

(e) Requires portable oxygen;

(f) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class 3 or Class 4 according to standards set by the American Heart Association; or

(g) Has a diagnosed disease which creates a severe mobility impairment.

(2) The mobility-impaired access permit shall allow the following activities by a mobility-impaired individual:

(a) Discharge of a firearm or other legal hunting device from a motor vehicle if the vehicle is motionless and has its engine turned off. The motor vehicle shall be used as a place to wait or watch for game and shall not be used to chase, pursue, or drive game.

(b) May operate electric wheelchairs, ATV's, and other passenger vehicles on or off gated, ungated, or open-gated roads otherwise closed to vehicular traffic, but the individual shall do so only on designated tracts of designated WMAs.

The roads may be accessed March 1 through the third Friday in August.
Tracts designated as mobility-impaired access areas shall be posted with signs.
Vehicular access shall not be permitted on fields, openings, roads, paths, or trails planted with annual grains or agricultural crops.
It shall be permissible to access areas that are not roads from the third Saturday of August until the end of February.
ATV users shall adhere to manufacturer recommendations, including wearing a helmet, wearing safety glasses, and restricting riding to one (1) person while using ATVs on WMAs.

Section 3.

(1) A mobility-impaired individual may designate one (1) qualified assistant. The qualified assistant may:

(a) Track and dispatch a wounded animal;

(b) Retrieve an animal; or

(2) A qualified assistant shall not:

(a) Operate his or her own ATV; or

(b) Hunt or shoot from an ATV.

(3) Applicants for a mobility-impaired access permit shall:

(a) Fill out the required information on the Mobility-Impaired Access Permit Application; and

(b) Obtain the attestation and signature from a licensed physician describing the mobility impairment.

(4) In order to participate in activities authorized by Section 2(2) of this administrative regulation, a mobility-impaired individual shall have a completed mobility-impaired access application on his person at all times while participating in these activities.

Section 4. All method exemption cards and letters issued prior to the effective date of this administrative regulation are void.

Section 5. Incorporation by Reference.

(1) "Mobility-impaired Access Permit", revised August 2001, is incorporated by reference.

History

RELATES TO: KRS 150.025(1), 150.170, 150.175, 150.620
STATUTORY AUTHORITY: KRS 150.025(1), 150.620
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to establish hunting seasons and to regulate bag and possession limits for, and the methods of taking and the devices used to take, wildlife. In addition, KRS 150.620 authorizes the department to regulate the use of its Wildlife Management Areas. This administrative regulation establishes requirements to simplify the process for obtaining method exemptions and special use permits for mobility-impaired individuals and promote nature-related recreational access to department-managed lands.
History: 27 Ky.R. 25; Am. 756; eff. 8-24-2000; 28 Ky.R. 1912; eff. 4-15-2002; 48 Ky.R. 894, 2205; eff. 5-3-2022.

301 KAR 3:027 Hunting and fishing method exemptions for disabled persons {#sec-301-kar-3-027 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:027}

Section 1. Hunting or Fishing Method Exemptions for Persons with Disabilities.

(1) Persons whose physical disabilities make it impossible for them to hunt or fish by conventional methods may request a vehicle or crossbow hunting method exemption application from the department.

(2) A completed hunting method exemption application shall serve as the hunter's method exemption permit.

(3) A complete permit shall include:

(a) Name of the applicant-permittee;

(b) Address and phone number of the applicant-permittee;

(d) Duration of the disability;

(e) Name and business address of the physician who attests to the hunter's disability; and

(f) Signature of the physician who attests to the hunter's disability.

Section 2. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Hunting Methods Exemption-Vehicle", 2002; and

(b) "Hunting Methods Exemption-Crossbow, 2002".

History

RELATES TO: KRS 150.360, 150.390, 150.620
STATUTORY AUTHORITY: KRS 150.025, 28 C.F.R. Parts 35, 36, 43 C.F.R. Part 17
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to carry out the purposes of KRS Chapter 150. The department is required to comply with the Americans with Disabilities Act. This administrative regulation establishes the procedures for persons with a disability to apply for hunting methods exemption permit.
History: 21 Ky.R. 149; eff. 8-24-94; Am. 29 Ky.R. 519; eff. 10-9-2002; 48 Ky.R. 895; eff. 3-1-2022.

301 KAR 3:030 Year-round season for wildlife {#sec-301-kar-3-030 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:030}

Section 1. Definition. "Exotic wildlife" means wildlife species that have never naturally existed in the wild in Kentucky, including species introduced by man that have become naturalized.

Section 2. Year-Round Seasons.

(1) A person may take coyotes year-round pursuant to 301 KAR 2:251.

(2) A person may take groundhogs year-round.

(3) A person taking coyotes or groundhogs, unless exempted by KRS 150.170, shall possess a hunting or trapping license as required for the method of take.

(4) A person may take pheasants year-round except as otherwise prohibited by 301 KAR 2:049 for department sponsored pheasant quota hunts.

Section 3. Unprotected Species.

(1) A person may take the following wildlife species year-round:

(a) Moles (Scalopus aquaticus, Parascalops breweri, Condalyra cristata);

(b) Mice (Mus musculus);

(d) Terrestrial invertebrates; and

(e) Exotic wildlife, except for pheasants, as restricted in Section 2(4) of this administrative regulation, and the species listed in Section 4 of this administrative regulation.

(2) A person may take the species listed in subsection (1) of this section without a hunting or trapping license, except that take of English sparrow and starlings requires a hunting license.

Section 4. Species with Restricted Take. A person shall not take the following species:

(1) Members of the Family Suidae (pigs or hogs), except if landowners are incurring damage, they may be taken pursuant to KRS 150.170, Section 7;

(2) Federally protected migratory birds; or

(3) Federally threatened or endangered species.

History

RELATES TO: KRS 150.010, 150.025, 150.170, 150.175, 150.320, 150.360, 150.370, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.175, 150.360(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes Kentucky Department of Fish and Wildlife Resources to establish seasons and other administrative regulations necessary to carry out the purpose of KRS Chapter 150. KRS 150.175 authorizes the types of licenses, permits, and tags set by the department. This administrative regulation establishes hunting requirements for species that may be taken year-round and specifies species that are unprotected.
History: KFWR-G-94; 1 Ky.R. 600; eff. 4-9-1975; Am. 4 Ky.R. 571; eff. 8-2-1978; 7 Ky.R. 782; 899; eff. 5-6-1981; 12 Ky.R. 29; eff. 8-13-1985; 1746; eff. 6-10-1986; 14 Ky.R. 36; eff. 8-5-1987; 2053; eff. 7-1-1988; 15 Ky.R. 2258; eff. 6-28-1989; 20 Ky.R. 604; 952; eff. 10-27-93; 21 Ky.R. 1168; eff. 12-12-94; 23 Ky.R. 3881; eff. 7-9-1997; 24 Ky.R. 2756; 25 Ky.R. 307; eff. 8-17-1998; 29 Ky.R. 520; 928; eff. 10-9-2002; 1325; eff. 1-16-2003; 30 Ky.R. 411; eff. 10-31-2003; 31 Ky.R. 843; eff. 1-4-2005; 48 Ky.R. 896; eff. 3-1-2022; 50 Ky.R. 1944, 2400; eff. 6-6-2024.

301 KAR 3:040 Wildlife disaster contingency measures {#sec-301-kar-3-040 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:040}

Section 1. When biological or environmental conditions exist that may detrimentally impact wildlife, the commissioner may work with any agency or organization and take any and all actions necessary to warn the public or lessen the impact of such detrimental conditions, including the following:

(1) Notifying the public of the conditions;

(2) Restricting the importation or propagation of wildlife; or

(3) Altering any season for taking of wildlife including dates, bag or creel limits, or any other taking restriction or condition.

History

RELATES TO: KRS 150.010, 150.022(1), 150.025
STATUTORY AUTHORITY: KRS 150.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to regulate fish and wildlife resources. This administrative regulation enables the department to take necessary actions to protect the public and wildlife resources when emergency conditions exist that may detrimentally impact the wildlife population.
History: 27 Ky.R. 3468; Am. 28 Ky.R. 366; eff. 8-15-2001; Crt eff. 12-13-2019.

301 KAR 3:061 Endangered species of fish and wildlife {#sec-301-kar-3-061 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:061}

Section 1. Possession, Buying and Selling Endangered Fish and Wildlife. It is unlawful for any person to import, transport, possess, process, sell or offer for sale any endangered species of fish and wildlife, or parts thereof, except as provided in Sections 3 and 4 of this administrative regulation. Nor shall any article be made in whole or from any part or parts of any species of fish and wildlife designated as endangered by this administrative regulation.

Section 2. Endangered Species. Definition and exclusions. Any species or subspecies designated as endangered by the Secretary of the Interior on a current United States List of Endangered and Threatened Wildlife as recorded in 50 Code of Federal Regulations, Part 17, is considered an endangered species in Kentucky under the provisions of KRS 150.183. Those species described as "threatened" on the above federal list are not included under KRS 150.183 or this administrative regulation.

Section 3. Exceptions and Permits. The Department of Fish and Wildlife Resources may, under permit, allow the importation, transportation, possession, sale or resale of any native or foreign endangered species or subspecies of fish and wildlife and part or parts thereof, for zoological, educational or scientific purposes, and for the propagation of such fish and wildlife in captivity for preservation purposes, except as otherwise prohibited by federal and other states' statutes and regulations. This permit will be issued free of charge by applying in writing to the Commissioner of the Department of Fish and Wildlife Resources. Where applicable, an application for a Kentucky permit for zoological, educational or scientific purposes must be accompanied by a copy of the appropriate federal permit or permits from another state. The federal permit may be obtained by writing to the Director, U.S. Fish and Wildlife Service, U.S. Department of the Interior, Washington, D.C. 20240.

Section 4. Possession Prior to 1973. Any person or organization who, prior to the enactment of the Federal Endangered Species Act of 1973, had in their possession an endangered species or part or parts thereof, may continue to possess same without a state permit.

History

RELATES TO: KRS 150.025, 150.183
STATUTORY AUTHORITY: KRS 13A.350, 150.025
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation pertains to the buying, selling, transporting, importing, processing and possessing of state and federally protected endangered fish and wildlife species. This administrative regulation is necessary to comply with the U.S. Department of the Interior's Endangered Species Act of 1973 as amended. The function of this administrative regulation is to protect and conserve those endangered fish and wildlife species appearing on present and revised future lists issued by the state and federal governments. The commissioner, with the concurrence of the commission, therefore finds it essential to promulgate a new administrative regulation to meet statutory requirements for the management of endangered fish and wildlife.
History: 4 Ky.R. 137; eff. 11-2-1977; Crt eff. 12-13-2019.

301 KAR 3:110 Mobility-impaired hunts for deer, turkey and waterfowl {#sec-301-kar-3-110 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:110}

Section 1. Department Approved Events.

(1) The Kentucky Fish and Wildlife Commission may approve organized deer, turkey and waterfowl hunting events for mobility-impaired persons sponsored by bona fide organizations during youth deer, turkey, and waterfowl weekends.

(2) Requirements.

(a) A special mobility-impaired event request shall be received by the department by January 1 for the upcoming fall deer season, June 1 for the upcoming spring turkey season, and June 1 for the upcoming waterfowl season.

(b) The special event request shall contain the following information:

Identity of the organization;
The organization's articles of incorporation;
A contact person's name, address and phone number;
Location of event;
Type of hunt;
Number of expected mobility-impaired participants;
Number of expected assistants, mentors and facilitators;
A copy of the certification of an assistant or facilitator who shall be attending the event who is Red Cross-certified to administer CPR;
If the event is to take place on private land, written permission from the land owner or organization holding the land; and
If the event is to take place on a Wildlife Management Area and ATVs are to be used, the expected number of ATVs to be in used at the event.

Section 2. Seasons and Methods of Taking.

(1) The approved mobility impaired hunting events shall take place during the youth deer, turkey, and waterfowl seasons.

(2) The methods of taking shall comply with 301 KAR 2:172, 301 KAR 2:142, 301 KAR 2:144, 301 KAR 2:221, 301 KAR 2:222; 301 KAR 3:026, 301 KAR 3:027, and 301 KAR 3:028.

(3) A mobility-impaired hunter shall comply with the licensing requirements of KRS 150.170, 150.175, 301 KAR 2:172 and 301 KAR 2:140.

(4) A mobility-impaired hunter shall carry on his person a mobility-impaired permit as required by 301 KAR 3:026.

History

RELATES TO: KRS 150.170, 150.175, 150.360, 150.362, 150.365, 150.370, 150.390, 150.990
STATUTORY AUTHORITY: KRS 150.025, 150.179, 28 C.F.R. Part 35, Part 36, 43 C.F.R. Part 17
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations that set seasons and regulate methods of taking. KRS 150.179(2) authorizes the department to approve certain special events that provide education or appreciation of the recreational activity. 43 C.F.R. Part 17 and 28 C.F.R. parts 35 and 36 mandate that state government agencies comply with the Americans with Disabilities Act. This administrative regulation establishes procedures to allow mobility-impaired individuals to hunt during youth deer, turkey and waterfowl weekends at department-approved events.
History: 29 Ky.R. 2199; eff. 4-11-2003; 48 Ky.R. 898; eff. 3-1-2022.

301 KAR 3:120 Commercial wildlife control {#sec-301-kar-3-120 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:120}

Section 1. Permitting Requirements.

(1) A WCO permit authorizes a WCO to take wildlife year-round using lethal or non-lethal capture methods, provided the WCO has written or oral authorization from the person requesting control.

(2) A person shall apply for and obtain a valid WCO permit, prior to conducting WCO activities, by submitting:

(a) A correct and complete Commercial WCO Permit Application; and

(b) A Commercial WCO Annual Activity Report for renewal applications.

(3) The department shall only grant a permit to a person who:

(a) Is eighteen (18) years old or over;

(b) Has not been convicted of a violation of KRS Chapter 150 or the administrative regulations promulgated under its authority within the denial period established in this administrative regulation;

(c) Provides proof of a passing score on the National Wildlife Control Training Program course, except a person who passed the department issued examination prior to the effective date of this administrative regulation shall not be required to complete the National Wildlife Control Training Program course;

(d) Remits the correct annual permit fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301KAR 5:022;

(e) Provides a complete and correct Commercial WCO Permit Application; and

(f) Provides a valid email address.

(4) A WCO shall always have their permit in their possession when performing the acts authorized by a WCO permit.

(5) The WCO permit shall be valid from March 1 through the last day of February.

(6) A permitted WCO wishing to sell the pelts of a furbearer taken during the statewide furbearer hunting and trapping season shall also possess a valid trapping license or hunting license, if applicable.

Section 2. Reporting Requirements.

(1) A WCO shall keep records of all wildlife taken in the course of WCO duties on the WCO Annual Activity Report.

(2) A WCO shall submit a Commercial WCO Annual Activity Report to the Department:

(a) No later than March 30; and

(b) Prior to a permit being renewed.

(3) The Commercial WCO Annual Activity Report shall contain the information regarding the activity for the period from February 1 of the previous year through January 31 of the current year. If white-tailed deer are taken, a WCO shall also include copies of all valid Wildlife Damage Designee Forms for landowners they worked with to take white-tailed deer (Odocoileus virginianus) during this period.

(4) A WCO shall submit tissue or other biological samples from dispatched animals as determined by the department.

(a) White-tailed deer taken in CWD Surveillance Zone Counties shall be submitted for testing as determined by a department representative. A WCO shall:

Request sample submission instructions from the Wildlife Health Program by email at wildlifehealth@ky.gov; and
Submit deer heads to the department within forty-eight (48) hours of take or freeze and retain the head for submission as directed by a department representative.

(b) A list of other tissues and biological samples from dispatched animals to be removed by WCOs shall be maintained on the department's website at: https://fw.ky.gov/Wildlife/Pages/Commercial-Wildlife-Control-Operator.aspx.

(5) The department shall not renew the WCO permit of an operator who does not:

(a) Submit the Commercial WCO Annual Activity Report as required by this section;

(b) Provide the information required by the Commercial WCO Annual Activity Report; or

(6) Report documents and all records of WCO activity, including the current or previous year's activity and written permission for releases, shall be made available to department staff upon request.

Section 3. Restrictions on Taking Wildlife.

(1) A WCO shall only dispatch or release captured wildlife according to the requirements in this administrative regulation, except for federally protected species that meet the criteria in Sections 3, 5, and 6 of this administrative regulation.

(2) A WCO shall only take white-tailed deer in an area that has been deemed to be experiencing wildlife damage by a department representative as established in 301 KAR 2:176.

(a) Only the WCO designated on a valid Wildlife Damage Designee Form, pursuant to 301 KAR 2.176, shall be permitted to take white-tailed deer under this section.

(b) A WCO shall be in possession of a valid Wildlife Damage Designee Form while performing WCO duties to take white-tailed deer and maintain copies for submission with the Commercial WCO Annual Activity Report.

(3) A WCO shall not:

(a) Transport wildlife to a wildlife rehabilitator or any person or facility that holds wildlife captive, except that a WCO shall immediately transport injured, ill, orphaned, or exhausted federally protected species to a permitted wildlife rehabilitator within Kentucky;

(b) Release wildlife in any area that restricts their free movement or holds them captive;

(d) Take federally protected wildlife unless a valid permit for the activity is issued by the U. S. Fish and Wildlife Service for the species of wildlife, except that a federal permit is not required to herd or scare migratory birds, excluding bald and golden eagles and endangered or threatened species;

(e) Take the species established in subparagraphs 1. through 7. of this paragraph unless authorized by the commissioner:

Copperbelly water snake (Nerodia erythrogaster neglecta);
Elk (Cervus canadensis);
Black bear (Ursus americanus);
Wild turkey (Meleagris gallopavo);
Kirtland's snake (Clonophis kirtlandii);
Alligator Snapping turtle (Macrochelys temminckii);
Hellbender (Cryptobranchus alleganiensis); or

(f) Dispatch or cause death to bats.

Section 4. Legal Means of Take.

(1) A WCO using traps shall comply with:

(a) KRS 150.410; and

(b) The trapping requirements in 301 KAR 2:251.

(2) A WCO shall comply with weapon restrictions as established in 301 KAR 2:172 when taking white-tailed deer.

(a) A WCO shall comply with all local ordinances regarding the discharge of firearms in city limits.

(b) A WCO shall not use traps to take white-tailed deer.

(3) A WCO using a firearm, air gun, archery, or crossbow equipment shall provide proof of completion of the Kentucky Hunter Education Program or a course offered by another jurisdiction that meets the course standards set by the International Hunter Education Association.

Section 5. Dispatch of Captured Wildlife.

(1) The department may, upon issuing a WCO permit, specify that certain species shall be dispatched.

(a) The requirement that a species be dispatched may apply statewide or to certain geographical regions.

(b) If the requirement that a species be dispatched is made to apply:

Statewide, all WCO permits issued in that permit year shall contain the same requirement; or
To a limited geographical area, all WCO permits issued in that area shall contain the same requirement.

(2) A WCO shall dispatch:

(a) House sparrow (Passer domesticus);

(b) European starling (Sturnus vulgaris);

(d) Nutria (Myocaster coypus);

(e) House mouse (Mus musculus);

(f) Rat (Rattus norvegicus or Rattus rattus);

(g) Wildlife that shows obvious symptoms of disease or injury, except for federally protected species and bats; or

(h) Any rabies vector species captured within the Enhanced Rabies Surveillance Zone at the capture site before being moved.

(3) Legal methods of dispatching wildlife shall include:

(a) Captive bolt;

(b) Gunshot;

(d) Cervical dislocation or thoracic compression for small mammals and birds, except for federally protected species and bats;

(e) Mechanical stunning, if followed immediately by an acceptable dispatch method;

(f) Inhalants, including halothane, isoflurane, carbon monoxide, or carbon dioxide;

(g) Commercially available agents for striped skunks, in accordance with manufacturer's specifications, except that prohibited methods of dispatch listed in this section shall not be used;

(h) Commercially available rodenticides used on small rodents in accordance with manufacturer specifications, except that prohibited methods of dispatch listed in this section shall not be used; or

(i) Archery or crossbow equipment as established in 301 KAR 2:172 when taking white-tailed deer only.

(4) Prohibited methods of dispatch:

(a) Extra-label use of chemicals, toxicants, or poisons is prohibited.

(b) Per KRS 150.365, the following methods of take are prohibited:

Fire;
Explosives;
Mechanical, electrical, or hand operated sonic recording devices; or
Gas or smoke in a den, hole, or nest of wildlife.

Section 6. Release of Captured Wildlife.

(1) A WCO shall:

(a) Transport wildlife for release in a safe manner that minimizes stress to the animal;

(b) Only release non-rabies vector species of wildlife:

On-site; or
In a rural habitat suitable for the particular species in which wildlife movement is unrestricted; and
With the written permission of:

a. The private landowner of at least 100 contiguous acres;

b. The private landowners of contiguous properties totaling at least 100 acres; or

c. The agency responsible for management of public land totaling at least 300 acres.

On-site;
In a rural habitat suitable for the particular species within the county of capture in which wildlife movement is unrestricted; and
With the written permission of:

a. The private landowner of at least 100 contiguous acres;

b. The private landowners of contiguous properties totaling at least 100 acres; or

c. The agency responsible for management of public land totaling at least 300 acres.

(2) A WCO shall not:

(a) Transport a rabies vector species into, out of, or within the enhanced rabies surveillance zone;

(b) Release wildlife in unsuitable habitat including any enclosed area that restricts free movement of wildlife or holds wildlife captive.

Section 7. Disposal of Carcasses. A WCO shall dispose of all wildlife carcasses, except white tail deer and elk, by:

(1) Complete incineration of the entire carcass and all of its parts and products;

(2) Placing the carcass in a contained landfill as established in KRS Chapter 224;

(3) Burying the carcass and all its parts and products in the earth:

(a) In a location that is never covered with the overflow of ponds or streams;

(b) Not less than 100 feet from any watercourse, sinkhole, well, spring, public highway, residence, or stable; and

(4) Removing the carcass by a duly licensed rendering establishment.

(5) A WCO shall comply with carcass disposal requirements for white-tailed deer and elk as established in 301 KAR 2:245. A WCO shall:

(a) Relinquish to the department, destroy, or leave afield all inedible parts; and

(b) Adhere to carcass movement restrictions when taking deer inside of a CWD Surveillance Zone as established in 301 KAR 2:172.

Section 8. Revocation and Denial of Permits and Appeal Procedure.

(1) The department shall revoke the WCO permit without refund, deny the issuance of a new WCO permit, or deny a renewal of an existing or lapsed WCO permit and confiscate wildlife of a person who:

(a) Is convicted of a violation of any provisions of:

KRS Chapter 150;
301 KAR Chapters 1 through 5;
Any federal statute or regulation related to hunting, fishing, or wildlife; or
Another state's fish and wildlife law.

(b) Fails to comply with the provisions of this administrative regulation or 301 KAR 2:041, 301 KAR 2:075, 301 KAR 2:081, or 301 KAR 2:251;

(c) Provides false information on a Commercial WCO Permit Application, Commercial WCO Annual Activity Report, federal permit, written permission for wildlife release, or records;

(d) Takes wildlife with methods not approved in this regulation or 301 KAR 2:251;

(e) Takes wildlife for commercial purposes without a valid commercial wildlife control permit;

(f) Takes federally protected species without a federal permit;

(g) Possesses wildlife over forty-eight (48) hours;

(h) Fails to dispatch rabies vector species at capture site in the Enhanced Rabies Surveillance Zone;

(i) Transports rabies vector species into, out of, or within the Enhanced Rabies Surveillance Zone;

(j) Transports rabies vector species captured outside the Enhanced Rabies Surveillance Zone to a location outside the county of capture;

(k) Fails to comply with any provision of KRS Chapter 150, any administrative regulation of the department, or hunting, fishing, or wildlife laws of the federal government;

(l) Allows non-permitted persons to assist or conduct WCO activities or have direct contact with wildlife; or

(m) Fails to submit tissue or other biological samples from dispatched animals to the department.

(2) A person whose WCO permit is denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

(a) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or revocation.

(b) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(c) The hearing officer's recommended order shall be considered by the commissioner and the commissioner shall issue a final order pursuant to KRS Chapter 13B.

(3) Denial period.

(a) An applicant for a WCO permit whose permit has been revoked or denied for the grounds established in this section shall be ineligible to reapply, and all applications shall be denied for the period established below:

The initial denial period shall be one (1) year;
A second denial period shall be three (3) years; and
A third or subsequent denial period shall be five (5) years.

(b) During the denial period, a person whose wildlife control operator permit has been denied or revoked shall not operate as a WCO or assist in wildlife control activities.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Commercial Wildlife Control (WCO) Permit Application," 2025 edition; and

(b) "Commercial Wildlife Control Operator (WCO) Annual Activity Report," 2022 edition.

(2) The 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, Monday through Friday from 8 a.m. to 4:30 p.m. or online at:

(a) https://fw.ky.gov/Licenses/Documents/WCO-Permit-App.pdf for the "Commercial Wildlife Control (WCO ) Permit Application"; and

(b) https://fw.ky.gov/Wildlife/Documents/nwcoreportform.pdf for the "Commercial Wildlife Control Operator (WCO ) Annual Activity Report".

(3) This material may also be found on the department's website at: https://fw.ky.gov/Wildlife/Pages/Commercial-Wildlife-Control-Operator.aspx for general WCO information.

History

RELATES TO: KRS 150.183, 150.275, 150.330, 150.410, 50 C.F.R. 21.41
STATUTORY AUTHORITY: KRS 150.025(1)(i), 150.105, 150.170, 150.235, 150.275, 150.365
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(i) authorizes the department to promulgate any other administrative regulations reasonably necessary to implement or carry out the purposes of KRS Chapter 150. KRS 150.105 authorizes the commissioner, with the approval of the commission, to authorize any person to destroy or bring under control any wild animal, fish, or wild birds, protected or unprotected, which are causing damage to persons, property, other animals, or spreading diseases. KRS 150.275 authorizes the department to issue permits to qualified persons to take and transport wildlife at any time for commercial wildlife control. This administrative regulation establishes the requirements for commercial wildlife control permits, and wildlife control operators. KRS 150.235 prohibits persons from performing acts authorized to be performed by a permit without first procuring the permit and the permit or license shall be kept on their person while conducting acts. KRS 150.170 prevents persons from doing any act or assisting a person with an act authorized by any kind of license or permit unless they hold the kind of permit that authorizes the act. 50 C.F.R. 21.41 provides federal permitting requirements for depredating migratory birds and allows a WCO to herd or scare depredating migratory birds without a federal permit, except that federally endangered or threatened species and bald or golden eagles shall not be scared or herded.
History: 301 KAR 003:125. 31 Ky.R. 892; Am. 1293; 1405; eff. 3-3-2005; 44 Ky.R. 1134, 1518; eff. 2-2-2018; 49 Ky.R. 1516, 1920; eff. 6-8-2023; 52 Ky.R. 291, 730; eff. 11-6-2025.

301 KAR 3:130 Public use of conservation camp properties {#sec-301-kar-3-130 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:130}

Section 1. Definitions.

(1) "Adult" means a person who is at least eighteen (18) years of age.

(2) "Bait":

(a) Means a substance composed of grains, minerals, salt, fruits, vegetables, hay, or any other food materials, whether natural or manufactured, that could lure, entice, or attract wildlife; and

(3) "Conservation camp" means a tract of land:

(a) Controlled by the department through ownership, lease, license, or cooperative agreement; and

(b) That is utilized to host conservation camps.

(4) "Event" means a boating, fishing, hunting, shooting, or trapping activity, conducted by the department.

(5) "Mentee" means an individual who is participating or going to participate in a mentored event to receive guidance and instruction from a mentor to learn the lawfully compliant methods and techniques for engaging in the activity being performed in the mentored event.

(6) "Mentor" means an adult who:

(a) Has previously participated in a particular activity;

(b) Is well versed in the techniques, equipment, and safety concerns related to the activity that is to occur at an event; and

(7) "Mentored event" means an event during a statewide season in which mentors accompany mentees.

(8) "Mobility-impaired" means an individual who meets the requirements of 301 KAR 3:026, Section 2(1).

(9) "Novice" means a person who has not:

(a) Held the applicable license for an event activity for more than two (2) license years in total;

(b) Held the applicable license for an event activity within the past three (3) years;

(d) For shooting and boating activities, participated in the activity more than five (5) times within the past three (3) years.

(10) "Participant" means an individual who engages in boating, fishing, hunting, shooting, or trapping, as part of an event.

Section 2. General Requirements.

(1) Unless established in this administrative regulation, statewide requirements shall apply.

(2) A person shall only hunt or trap in the area assigned to them by department staff.

(3) While upon a conservation camp property, a person shall not:

(a) Enter a portion of a conservation camp property designated by signage as closed to public access;

(b) Camp, except in a designated area;

(d) Hunt over bait; or

(e) Possess or be under the influence of alcohol or "illicit substances", as defined by KRS 351.010(1)(l), at any time while on conservation camp property.

(4) Only individuals who possess valid hunter education certification may participate in a hunting or trapping event.

(5) To participate in an event as a mentee, an individual shall be under eighteen (18) years of age or a novice in the activity.

Section 3. Mentored Events.

(1) Unless license exempt, as established in KRS 150.170, the mentee shall abide by any license requirements and daily harvest and possession limits.

(2) A mentor shall:

(a) Accompany a mentee;

(b) Remain in a position at all times to take immediate control of a mentee's bow, crossbow, firearm, or any equipment used to legally hunt, trap, or fish; and

Track and dispatch a wounded animal;
Retrieve an animal; or
Render other assistance in accordance with KRS Chapter 150 and 301 KAR Chapters 2 and 3.

(3) A mentee shall:

(a) Accompany a mentor;

(b) Remain in a position at all times so that the mentor may take immediate control of the mentee's bow, crossbow, firearm, or any equipment used to legally hunt, trap, or fish; and

Section 4. Mobility-impaired Individuals.

(1) Individuals who are participating in an event, possess a Mobility-impaired Access Permit as established in 301 KAR 3:026, and carry the permit on their person during the event, may, if otherwise qualified to do so at the event:

(a) Discharge a firearm or other legal hunting device from a motor vehicle if the vehicle is motionless and has its engine turned off. The motor vehicle shall be used as a place to wait or watch for game and shall not be used to chase, pursue, or drive game; and

(b) Operate electric wheelchairs, ATV's, and other passenger vehicles on or off gated, ungated, or open-gated roads otherwise closed to vehicular traffic, but the individual shall do so only on designated portions of camp property.

(2) ATV users shall adhere to manufacturer recommendations while utilizing ATVs on camp property.

Section 5. General Requirements on Federally Owned Areas.

(1) Unless established in this administrative regulation, statewide requirements shall apply.

(2) A person shall:

(a) Not hunt except on assigned dates and in assigned areas; and

(b) Comply with all requirements established by the agency controlling the area.

History

RELATES TO: KRS 150.025, 150.0241, 150.170, 28 C.F.R. 35, 36, 43 C.F.R. 17
STATUTORY AUTHORITY: KRS 150.025(1), 150.179(2), 150.620
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations necessary to carry out the purposes of KRS Chapter 150. KRS 150.179(2) authorizes the department to approve certain special events that provide education or appreciation of the recreational activity. KRS 150.0241 authorizes the department to impose and enforce special administrative regulations on lands managed for public hunting, fishing, and related recreational uses. This administrative regulation establishes procedures to allow individuals meeting defined criteria for mentored events to boat, fish, hunt, shoot, or trap as part of a department-approved activity or program. This administrative regulation establishes prohibitions for certain actions inconsistent with the intended purpose of conservation camp properties and establishes requirements for other uses of these areas.
History: 50 Ky.R. 1986, 2401; eff. 6-6-2024.

301 KAR 3:140 Take of wildlife with aircraft prohibited {#sec-301-kar-3-140 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:140}

Section 1. Unlawful Use of Aircraft or Unmanned Aircraft.

(1) A person shall not use an aircraft or unmanned aircraft system:

(a) To fish, hunt, or take wildlife or to drive or herd any wildlife for the purpose of fishing, hunting, or taking; or

(b) To harass any wildlife.

(2) Aircraft or unmanned aircraft systems may be used by:

(a) Department employees and contractors or agents acting on behalf of the Department when addressing human safety, law enforcement, research, management, or other needs approved by the department;

(b) Authorized landowners or their agents to engage in lawful wildlife damage control activities; and

History

RELATES TO: KRS 150.010, 150.025, 16 U.S.C. 742
STATUTORY AUTHORITY: KRS 150.010(46), 150.025(1), 150.360
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.010(46) authorizes the Kentucky Department of Fish and Wildlife Resources to define methods of take. KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply to a limited area. KRS 150.360(1) authorizes the department to restrict methods of taking wildlife. This administrative regulation establishes the use of aircraft for the take of wildlife and is within the frameworks established by 16 U.S.C. 742.
History: 301 KAR 003:150. 52 Ky.R. 323; eff. 10-16-2025.

301 KAR 3:150 Hunting and fishing outfitter and guide licenses {#sec-301-kar-3-150 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:150}

Section 1. Outfitter License Requirements and Application.

(1) A person who possesses a valid Hunting Outfitter license may guide clients in the take or attempt to take wildlife.

(2) A person who possesses a valid Fishing Outfitter License may guide clients in the take or the attempt to take fish.

(3) A person who possesses an outfitter license who guides clients in the take, or in the attempt to take, fish or wildlife shall comply with the guide reporting requirements established in Section 7 of this administrative regulation.

(4) Outfitter License Types.

(a) A Fishing Outfitter License Tier 1 is required for a fishing outfitter that operates without any fishing guides working for, or contracted with, the license holder.

(b) A Fishing Outfitter License Tier 2 is required for a fishing outfitter that operates with one (1) or more fishing guides working for, or contracted with, the license holder.

(c) A Hunting Outfitter License Tier 1 is required for a hunting outfitter that operates without any hunting guides working for, or contracted with, the license holder.

(d) A Hunting Outfitter License Tier 2 is required for a hunting outfitter that operates with one (1) hunting guide working for, or contracted with, the license holder.

(e) A Hunting Outfitter License Tier 3 is required for a hunting outfitter that operates with two (2) to four (4) hunting guides working for, or contracted with, the license holder.

(f) A Hunting Outfitter License Tier 4 is required for a hunting outfitter that operates with five (5) or more hunting guides working for, or contracted with, the license holder.

(5) A fishing or hunting outfitter license shall be valid from March 1 through the last day of February.

(6) An applicant for an outfitter license shall:

(a) Be eighteen (18) years of age or older;

(b) Have not been convicted of any state or federal fish, boat, or wildlife violation during the previous three (3) years;

(d) Possess a valid annual fishing license and trout permit if applicable; and

(e) Possess a valid annual hunting license and all applicable game permits, except elk.

(7) To obtain an outfitter license, a person shall submit to the department by mail or online at fw.ky.gov/dclapp:

(a) A completed Fishing or Hunting Outfitter License Application form to the Division of Law Enforcement, #1 Sportsman's Lane, Frankfort, Kentucky 40601;

(b) A Law Information Network of Kentucky National Crime Information Center (LINK/NCIC) background check obtained through the Kentucky State Police;

Cardiopulmonary resuscitation (CPR); and
First aid.

(d) Proof of completion of a boater education course upon applying for:

A fishing outfitter license for fishing in a boat; or
A hunting outfitter license for hunting in or with a boat.

(e) Proof of completion of a hunter education course upon applying for a hunting outfitter license;

(f) A copy of the applicant's valid driver's license, or state issued identification card;

(g) The applicable fee for the appropriate outfitter license as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022 or the price difference between the license tier levels if license holder is modifying the application during the license year; and

(h) If applying for a Fishing Outfitter License and the license holder plans to utilize a fishing helper, provide the fishing helper's name, address, and Kentucky Fish and Wildlife Customer Identification Number.

(8) An outfitter license applicant who possesses a valid United States Coast Guard Captain's License, or Six-pack, may submit a copy of this license in lieu of the boater education course requirements and the CPR and first aid requirements for obtaining a license.

(9) An outfitter shall not facilitate, promote, or assist a client in the violation of, or attempt of, any state or federal fish or wildlife law or regulation.

(10) An outfitter shall not participate in the taking of fish or game beyond the daily limit of the person or persons being guided, except that an outfitter may take a daily limit of fish or game, as applicable, while guiding.

(11) An outfitter shall obtain the applicable permits, provide the applicable boater education documentation, and update their application during the license year:

(a) To add or remove a guide under their outfitter license;

(b) To add or remove a fishing helper under their fishing outfitter license;

(d) Prior to guiding from a boat, if they did not select that they intended to guide from a boat on their most recent application.

(12) If an outfitter employs or contracts with a guide under the outfitter license which results in an increase in license tier level, the outfitter shall pay the remaining fee balance between the previous license tier and the new license tier level. The new guide shall not be approved until all the pertinent documents are submitted and approved as established in Section 3 of this administrative regulation.

(13) A Fishing Outfitter License holder may use a fishing helper as established in Section 6 of this administrative regulation.

(14) The department shall not refund the payment for an outfitter license if the license holder's outfitter license is suspended, revoked, or if the outfitter license tier level decreases within the license year.

Section 2. Outfitter License Prohibitions and Revocation.

(1) The department shall revoke and not renew the outfitter license for a period of three (3) years of a person who:

(a) Is convicted of any state or federal fish, boat, or game violation;

(b) Knowingly aides a client in the illegal take of fish or wildlife;

(d) Intentionally falsifies the Guiding Activity Report.

(2) The department shall deny or permanently revoke the outfitter license of a person convicted of a felony.

(3) The department may suspend or revoke an outfitter license if one (1) or more licensed guide working under the outfitter license holder is convicted of any state or federal fish, boat, or game violation.

(4) The guide license for any guides working under an outfitter whose outfitter license has been suspended, denied, or revoked, shall also be suspended or denied until the supervising outfitter's license is reinstated or until their guide license is transferred under an outfitter with a valid license.

(5) The department shall deny an outfitter license to a person who:

(a) Fails to meet the eligibility requirements;

(b) Fails to properly complete the application process;

(d) Otherwise meets the grounds for revocation or suspension of an outfitter license.

Section 3. Guide License Requirements and Application.

(1) A person shall possess a valid fishing guide license issued under a fishing outfitter license holder to guide others in the taking of fish.

(2) A person shall possess a valid hunting guide license issued under a hunting outfitter license holder to guide others in the taking of wildlife.

(3) A guide license shall be valid from March 1 through the last day of February.

(4) An applicant for a guide license shall:

(a) Be eighteen (18) years of age or older;

(b) Have not been convicted of any state or federal fish, boat, or wildlife violation during the previous three (3) years;

(d) Possess a valid annual fishing license if applying for a fishing guide license; and

(e) Possess a valid annual hunting license and all applicable game permits, except elk, if applying for a hunting guide license.

(5) To obtain a guide license, a person shall submit to the department by mail or online at fw.ky.gov/dclapp:

(a) A completed Fishing or Hunting Guide License Application form to the Division of Law Enforcement, #1 Sportsman's Lane, Frankfort, Kentucky 40601;

(b) A Law Information Network of Kentucky National Crime Information Center (LINK/NCIC) background check obtained through the Kentucky State Police;

Cardiopulmonary resuscitation (CPR); and
First aid.

(d) Proof of completion of a boater education course upon applying for:

A fishing guide license for fishing in a boat; or
A hunting guide license for hunting in or with a boat.

(e) Proof of completion of a hunter education course upon applying for a hunting guide license;

(f) A copy of the applicant's valid driver's license, or state issued identification card;

(g) The applicable fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022; and

(h) If applying for a Fishing Guide License and the license holder plans to utilize a fishing helper, provide the fishing helper's name, address, and the Kentucky Fish and Wildlife Customer Identification Number.

(6) A completed guide application shall be accompanied with the appropriate corresponding outfitter license application as established in Section 1 of this administrative regulation.

(7) A guide applicant who possesses a valid United States Coast Guard Captain's License, or Six-pack, may submit a copy of this license in lieu of the boater education course requirements and the CPR and first aid requirements for obtaining a license.

(8) A guide shall not facilitate, promote, or assist a client in the violation of, or attempt of, any state or federal fish, boat or wildlife law or regulation.

(9) A Fishing or Hunting Guide License shall only be issued to a person who is approved to work for, or contracted with, a licensed Hunting or Fishing Outfitter.

(10) A fishing guide shall only work under a fishing outfitter who has listed the fishing guide on their fishing outfitter license application.

(11) A hunting guide shall only work under a hunting outfitter who has listed the hunting guide on their hunting outfitter license application.

(12) A Fishing Guide License holder may be allowed to use a fishing helper as established in Section 6 of this administrative regulation.

(13) If the license of the outfitter under which a guide operates is suspended or revoked, the guide shall not be allowed to perform guiding activities until the outfitter's license is reinstated or the guide's affiliation is moved under a different outfitter with a valid license.

(14) A guide shall obtain the applicable permits, provide the applicable boater education documentation, and update their application during the license year:

(a) To add or remove a fishing helper from under their fishing guide license;

(b) Prior to guiding for a species not selected on their most recent application; or

(c) Prior to guiding from a boat, if they did not select that they intended to guide from a boat on their most recent application.

(15) The department shall not refund the payment for a guide license if the license holder's guide license is suspended or revoked.

Section 4. Guide License Prohibitions, Denials, Suspension, and Revocation.

(1) A guide shall not participate in the taking of fish or game beyond the daily limit of the person or persons being guided, except that a guide may take a daily limit of fish or game, as applicable, while guiding.

(2) The department shall revoke and not renew the guide license for a period of three (3) years, of a person who:

(a) Is convicted of any state or federal fish, boat, or game violation;

(b) Knowingly aides a client in the illegal take of fish or wildlife;

(d) Intentionally falsifies the Guiding Activity Report.

(3) The department shall deny or permanently revoke the guide license of a person convicted of a felony.

(4) The department shall deny a guide license to a person who:

(a) Fails to meet the eligibility requirements;

(b) Fails to properly complete the application process;

(d) Otherwise meets the grounds for revocation or suspension of a guide license.

(5) The department shall suspend a guide license upon notification of the removal of a guide by the corresponding outfitter.

(6) The department may suspend a fishing outfitter or fishing guide license for failure to submit required reports as established in Section 7 of this administrative regulation.

Section 5. Requirements for Specific Guiding Activities.

(1) While guiding for a species that requires a permit for take, outfitters and guides shall possess all required licenses and permits to take the fish or wildlife being pursued, except an outfitter or guide need not possess an elk permit while guiding for elk.

(2) Outfitters and guides performing guiding activities while on a boat shall possess and present to a game warden upon request, either:

(a) Proof of completion of boater education course; or

(b) A valid United States Coast Guard Captain's License or Six-pack.

(3) While guiding on private land, an outfitter or guide shall provide at the request of a game warden a name and phone number of the person granting the outfitter or guide permission to be on the private property.

Section 6. Fishing Helper.

(1) A fishing outfitter or fishing guide may utilize a fishing helper.

(2) A fishing helper shall have in possession while assisting a fishing outfitter or fishing guide a valid Kentucky fishing license and applicable permits for the fish their clients are taking, or attempting to take.

(3) A fishing outfitter or the fishing guide shall be responsible for any violation of this administrative regulation by a fishing helper who is registered by the fishing outfitter or fishing guide.

(4) A fishing helper shall be registered on the Outfitter License or Guide License Application as established in Section 1 and Section 3 of this administrative regulation.

(5) A fishing helper shall not participate in the taking of fish beyond the daily limit of the person or persons being guided, except that a fishing helper may take a daily limit of fish, as applicable, while guiding.

Section 7. Reporting Requirements.

(1) Outfitter license holders and guide license holders shall report their guiding activities using the online Guiding Activity Reporting portal at https://app.fw.ky.gov/commReport:

(a) By the 15th day of every month for the previous month's guiding, for all Fishing Guide or Fishing Outfitter license holders, even if no guiding occurred for fishing;

(b) Within thirty (30) days after closure of the hunting season for a species in which the Hunting Outfitter or Hunting Guide was approved to take or attempt to take, even if no guiding occurred for hunting; or

(c) Within thirty (30) days after the end of the license year for a species that can be hunted year-round in which the Hunting Outfitter or Hunting Guide was approved to take or attempt to take, even if no guiding occurred for hunting.

(2) Using the online Guide Activity Reporting portal, the outfitter or guide conducting the guiding shall submit all the following information by each of the applicable deadlines established in subsection (1) of this section:

(a) For guiding for fishing:

Outfitter or guide name;
Outfitter or guide license number;
Whether guiding for fishing occurred during the month, and if so:

a. Dates fished or bowfished;

b. Waterbody fished per day fished or bowfished;

c. Fish species targeted each day;

d. Number of anglers or bowfishers guided per trip;

e. Hours fished or bowfished per trip; and

f. Fish species caught or shot and the number of each species that were:

(i) Released with number of fish below legal harvest size and at or above legal harvest size; and

(ii) Harvested.

(b) For guiding for hunting:

Outfitter or guide name;
Outfitter or guide license number;
Species targeted;
Total number of guided resident and nonresident clients per species targeted;
Number of animals harvested per species by sex of the animal;
Number of animals shot, but not recovered by sex of the animal for black bear, bobcat, deer, elk, and turkey;
Name of each county where guiding occurred per species;
Name of each public land area where guiding occurred per species; and
Indicate whether any guiding was performed for any pen-raised animals or at facilities that are permitted as a shooting facility.

(3) Failure to submit the required reporting information by the deadline established in subsection (1) of this section for guiding conducted by a fishing outfitter or fishing guide shall result in:

(a) Issuance of a courtesy reminder letter to a fishing guide or fishing outfitter who has once failed to properly submit the reporting information during the license year.

(b) Issuance of a warning letter to a fishing guide or fishing outfitter who has twice failed to properly submit the reporting information during the license year.

(c) Suspension of the fishing guide or fishing outfitter license of a fishing guide or fishing outfitter who has failed to properly submit the reporting information for three (3) or more months in a given license year until the fishing guide or fishing outfitter submits to the department all required reporting information.

(d) Suspension of the fishing guide or fishing outfitter license for a period of three (3) months for failure to properly submit the reporting information four (4) or more times in a license year.

(e) Additional three (3) month suspension of the fishing guide or fishing outfitter license if a prior year's three (3) month suspension extends into a new license year and subsequent failures to properly submit the reporting information occur.

(4) Failure to submit the required reporting information by the deadline established in subsection (1) of this section for guiding conducted by a hunting outfitter or hunting guide shall result in denial of future license applications or renewals until all required reporting has been completed.

Section 8. Administrative Hearings.

(1) An individual whose outfitter or guide license has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

(2) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or the revocation.

(3) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(4) The hearing officer's recommended order shall be considered by the department's commissioner, and the department's commissioner shall issue a final order, pursuant to KRS Chapter 13B.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Fishing Outfitter License Application", 2025 edition;

(b) "Fishing Guide License Application", 2025 edition;

(d) "Hunting Guide License Application", 2025 edition.

(a) https://fw.ky.gov/Licenses/Documents/Fishing-Outfitter-License-App.pdf for the "Fishing Outfitter License Application";

(b) https://fw.ky.gov/Licenses/Documents/Fishing-Guide-License-App.pdf for the "Fishing Guide Application";

(d) https://fw.ky.gov/Licenses/Documents/Hunting-Guide-License-App.pdf for the "Hunting Guide Application".

History

RELATES TO: KRS 150.170, 150.412, 164.772
STATUTORY AUTHORITY: KRS 150.025, 150.175, 150.190
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to promulgate administrative regulations to establish open seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply statewide or to a limited area. KRS 150.175 authorizes the department to issue an outfitter and guide license. KRS 150.190 authorizes the department to ensure that an applicant for an outfitter or guide license is qualified to act as an outfitter or guide. This administrative regulation establishes the requirements for an outfitter and guide license.
History: 301 KAR 003:150. 52 Ky.R. 323, 733; eff. 11-6-2025.

301 KAR 3:160 Reciprocal agreements regarding fishing and hunting {#sec-301-kar-3-160 omnilex-key=us-ky-regs-official--title-301--301 KAR 3:160}

Section 1. Fishing Agreements.

(1) Persons fishing in Dale Hollow Lake, the Big South Fork portion of the Cumberland River, and a portion of the Kentucky Lake shall comply with the sport fishing requirements in the reciprocal sport fishing license agreement with the Tennessee Wildlife Resources Agency incorporated by reference in this administrative regulation.

(2) Persons fishing in the Mississippi River shall comply with the sport fishing requirements in the reciprocal sport fishing license agreement with the Missouri Department of Conservation incorporated by reference in this administrative regulation.

(3) Persons fishing in the Ohio River bordering Illinois or Indiana shall comply with both the sport and commercial fishing requirements in the reciprocal fishing license agreements with the Illinois and Indiana Departments of Natural Resources incorporated by reference in this administrative regulation.

(4) Persons fishing in the Ohio River bordering Ohio shall comply with the sport fishing requirements in the reciprocal sport fishing license agreement with the Ohio Department of Natural Resources incorporated by reference in this administrative regulation.

(5) Persons fishing in the Big Sandy and Tug Fork rivers shall comply with the sport fishing requirements in the reciprocal agreement with the West Virginia Division of Natural Resources incorporated by reference in this administrative regulation.

Section 2. Hunting Agreements.

(1) Persons hunting migratory birds on the Ohio River bordering Indiana or Ohio shall comply with the reciprocal hunting license agreements with the Indiana and Ohio Departments of Natural Resources incorporated by reference in the administrative regulation.

(2) Persons hunting on the Big Sandy and Tug Fork rivers shall comply with the requirements in the reciprocal agreement with the West Virginia Division of Natural Resources incorporated by reference in this administrative regulation.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Reciprocal Sport Fishing License Agreement between Kentucky Department of Fish and Wildlife Resources and Tennessee Wildlife Resources Agency", 2025 Edition;

(b) "Reciprocal Sport Fishing License Agreement between Kentucky Department of Fish and Wildlife Resources and Missouri Department of Conservation", 2025 Edition;

(c) "Reciprocal Fishing License Agreement between Kentucky Department of Fish and Wildlife Resources and Illinois Department of Natural Resources", 2025 Edition;

(d) "Reciprocal Fishing License Agreement between Kentucky Department of Fish and Wildlife Resources and Indiana Department of Natural Resources", 2025 Edition;

(e) "Reciprocal Sport Fishing License Agreement between Kentucky Department of Fish and Wildlife Resources and Ohio Department of Natural Resources", 2025 Edition;

(f) "Reciprocal Agreement between Kentucky Department of Fish and Wildlife Resources and West Virginia Division of Natural Resources", 2025 Edition;

(g) "Reciprocal Hunting License Agreement between Kentucky Department of Fish and Wildlife Resources and Indiana Department of Natural Resources", 2025 Edition; and

(h) "Reciprocal Hunting License Agreement between Kentucky Department of Fish and Wildlife Resources and Ohio Department of Natural Resources", 2025 Edition.

(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://fw.ky.gov/Documents/TN-KY-Reciprocal-Fish-License-Agreement.pdf for the "Reciprocal Sport Fishing License Agreement between Kentucky Department of Fish and Wildlife Resources and Tennessee Wildlife Resources Agency";

(b) https://fw.ky.gov/Documents/MO-KY-Reciprocal-Fish-License-Agreement.pdf for the "Reciprocal Sport Fishing License Agreement between Kentucky Department of Fish and Wildlife Resources and Missouri Department of Conservation";

(c) https://fw.ky.gov/Documents/IL-KY-Reciprocal-Fish-License-Agreement.pdf for the "Reciprocal Fishing License Agreement between Kentucky Department of Fish and Wildlife Resources and Illinois Department of Natural Resources";

(d) https://fw.ky.gov/Documents/IN-KY-Reciprocal-Fish-License-Agreement.pdf for the "Reciprocal Fishing License Agreement between Kentucky Department of Fish and Wildlife Resources and Indiana Department of Natural Resources";

(e) https://fw.ky.gov/Documents/OH-KY-Reciprocal-Fish-License-Agreement.pdf for the "Reciprocal Sport Fishing License Agreement between Kentucky Department of Fish and Wildlife Resources and Ohio Department of Natural Resources";

(f) https://fw.ky.gov/Documents/WV-KY-Reciprocal-Fish-Hunt-License-Agreement.pdf for the "Reciprocal Agreement between Kentucky Department of Fish and Wildlife Resources and West Virginia Division of Natural Resources";

(g) https://fw.ky.gov/Documents/IN-KY-Reciprocal-Hunt-License-Agreement.pdf for the "Reciprocal Hunting License Agreement between Kentucky Department of Fish and Wildlife Resources and Indiana Department of Natural Resources"; and

(h) https://fw.ky.gov/Documents/OH-KY-Reciprocal-Hunt-License-Agreement.pdf for the "Reciprocal Hunting License Agreement between Kentucky Department of Fish and Wildlife Resources and Ohio Department of Natural Resources".

History

RELATES TO: KRS 150.330, 150.340, 150.440, 150.445, 150.450, 150.470
STATUTORY AUTHORITY: KRS 150.025(1)(i), 150.170(8)
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(i) authorizes the department to promulgate administrative regulations necessary to carry out the purposes of the chapter. KRS 150.170(8) authorizes the department to enter into reciprocal agreements with other states so that a person holding a resident or nonresident fishing license, or a resident or nonresident hunting license issued by the state shall be permitted to perform the acts authorized by the license upon certain contiguous waters and land areas adjacent to the common boundaries. This administrative regulation identifies all current reciprocal agreements established between Kentucky and bordering states.
History: 301 KAR 003:160. 52 Ky.R. 127, 562; eff. 10-16-2025.

Chapter 4 Wildlife

301 KAR 4:070 Scientific and educational collecting permits {#sec-301-kar-4-070 omnilex-key=us-ky-regs-official--title-301--301 KAR 4:070}

Section 1. Definitions.

(1) "Agent of the state" means a status that is granted by the department to an individual working on a project on behalf of the department.

(2) "Collected", "Collecting", or "Collection" means any sampling activity that removes, even temporarily, any protected wildlife from the wild in Kentucky.

(3) "Educational collection permit" means a permit issued by the department to an individual for use in:

(a) The instruction of students; or

(b) A university-related research project.

(4) "Federally protected species" means any species:

(a) Listed by the United States Fish and Wildlife Service as:

Threatened; or
Endangered; or

(b) Any bird protected under the:

Migratory Bird Treaty Act; or
Bald and Golden Eagle Protection Act.

(5) "Permit holder" means a person who possesses one (1) of the following two (2) valid permits issued by the department:

(a) An educational collection permit; or

(b) A scientific collection permit.

(6) "Scientific collection permit" means a permit issued by the department to an individual for the purpose of conducting a scientific study for which remuneration is received.

(7) "Watershed" means an 8-digit Hydrologic Unit Code assigned by the United States Geological Survey.

Section 2. Permit Issuance and Requirements.

(1) A person shall obtain the applicable collection permit prior to collecting any protected wildlife species in Kentucky, except that a representative of the department who is engaged in collecting wildlife in an official capacity shall not be required to possess a collection permit.

(2) A person shall:

(a) Apply for an educational or scientific collection permit on a Scientific and Educational Wildlife Collection Permit Application form provided by the department; and

(b) Submit to the department the appropriate permit fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022. along with the completed application.

(3) The department shall only issue a scientific or educational permit to a person who:

(a) Has completed a college course in species taxonomy or species identification for the species group to be collected;

(b) Has one (1) year of experience in collecting the species group to be collected; or

(c) Submits a signed letter from a person qualified to be a scientific or educational permit holder attesting to the applicant's ability in species identification.

(4) A permit holder shall possess a valid federal permit or a department-issued agent of the state letter if collecting a:

(a) Federally protected species;

(b) Bat species;

(d) Fish species in a watershed known to contain a federally protected fish species.

(5) A permit holder shall complete a Project Proposal Form for every project involving the sampling or collecting of:

(a) A federally protected species;

(b) A bat;

(d) Fish in a watershed known to contain a federally protected fish species.

(6) A permit holder shall submit to the department each Project Proposal Form at least fifteen (15) days in advance of the project.

(7) A permit holder shall comply with all requirements pertaining to a federally protected species pursuant to 50 C.F.R. Part 17.

(8) A permit holder shall:

(a) Not intentionally kill a federally protected species; and

(b) Report any inadvertent killing of a federally protected species by:

Calling the department's Wildlife Diversity Program at 1-800-858-1549 within twenty-four (24) hours of the kill; and
Submitting all dead specimens to the department within seven (7) days of taking.

(9) A permit holder shall not use a scientific or educational collection permit in lieu of a:

(a) Hunting license;

(b) Fishing license; or

(10) While collecting specimens, a permit holder shall carry a:

(a) Valid scientific or educational collection permit; or

(b) Photocopy of a valid collection permit.

(11) A permit holder who is collecting wildlife that will not be killed shall release the wildlife at the capture location.

Section 3. Reporting Requirements, Permit Renewal, and Revocation.

(1) A permit holder shall submit to the department all wildlife collection data for the previous calendar year:

(a) By January 15;

(b) Electronically on the department's Web site at fw.ky.gov; and

(2) A permit holder who is submitting annual collection data on the department's Web site shall complete the data submittal process in its entirety.

(3) The department shall not renew a scientific or educational collection permit until the permit holder has submitted the previous year's collection data via the electronic data submittal process on the department's Web site.

(4) A scientific or educational permit shall be revoked or denied by the department if the permit holder:

(a) In the last year has been convicted of a violation of:

This administrative regulation;
A federal regulation involving the collection of federally protected species pursuant to 50 C.F.R. Part 17; or
Another state's regulation or law pertaining to the collection of protected wildlife; or

(b) Falsifies the permit application.

(5) A person who has had a scientific or educational collection permit revoked shall be ineligible to apply for a period of one (1) year.

(6) A person who has had a permit denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

(7) A request for a 13B hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or revocation.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Project Proposal Form", 2012 edition; and

(b) "Scientific and Educational Wildlife Collection Permit Application", 2025 edition.

(a) https://fw.ky.gov/Wildlife/Documents/scieduproposalform.pdf for the "Project Proposal Form";

(b) https://fw.ky.gov/Licenses/Documents/Scientific-Edu-Collection-Permit.pdf for the "Scientific and Educational Wildlife Collection Permit Application".

History

RELATES TO: KRS 150.010, 150.170, 150.180, 150.195, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.183, 150.275, 50 C.F.R. 17
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to establish seasons for the taking of fish and wildlife, to regulate bag limits, creel limits, and methods of take, and to make these requirements apply to a limited area. KRS 150.183(3) authorizes the department to establish the terms and conditions for allowing the importation, transportation, possession, or sale of endangered species. KRS 150.275 authorizes the department to issue permits to persons for commercial nuisance wildlife control, and scientific or educational purposes. 50 C.F.R. Part 17 establishes the requirements for federally protected species. This administrative regulation establishes the requirements for the issuance and use of scientific and educational collecting permits.
History: 15 Ky.R. 895; Am. 1278; eff. 11-23-1988; 31 Ky.R. 844; 1079; eff. 1-4-2005; 35 Ky.R. 352; 796; eff. 10-8-2008; 39 Ky.R. 841; eff. 1-4-2013; 48 Ky.R. 904; eff. 3-1-2022; 52 Ky.R. 295; eff. 11-6-2025.

301 KAR 4:090 Taxidermy and the buying and selling of inedible wildlife parts {#sec-301-kar-4-090 omnilex-key=us-ky-regs-official--title-301--301 KAR 4:090}

Section 1. Definitions.

(1) "Cervid" means a member of the family Cervidae.

(2) "Federally protected wildlife" means any federally threatened or endangered species or any native migratory bird.

(3) "Furbearer" means mink, muskrat, beaver, raccoon, opossum, gray fox, red fox, least weasel, long-tailed weasel, river otter, bobcat, coyote, or striped skunk.

(4) "Licensed taxidermist" means any person, partnership, firm, or corporation that accepts remuneration for the mounting of skins or other inedible wildlife parts and who holds a valid Kentucky taxidermist license, as established in KRS 150.175.

(5) "Mounting" means to arrange processed wildlife for the purpose of display.

(6) "Permanently preserved pelt" means any processed furbearer pelt, but does not include raw fur or pelts treated with salt, borax, or sunlight.

Section 2. Licenses Required.

(1) Any person, partnership, firm, or corporation engaged in the business and accepting remuneration for mounting skins or other inedible parts of wildlife shall possess a valid Kentucky taxidermist license.

(2) A licensed taxidermist shall:

(a) Openly display a valid taxidermist license at the place of business; and

(b) Have all records pertaining to the business and all wildlife specimens or wildlife parts available for inspection during normal business hours by a department game warden.

(3) A person or business who transforms a legally acquired, processed, inedible wildlife part into a hand-crafted or manufactured finished product shall not be required to possess a license from the department.

(4) A person or business is not required to possess a license to buy or sell legally acquired furbearer inedible parts, secretions, or permanently preserved pelts, excluding raw fur.

(5) In addition to the appropriate state license, all licensed taxidermists who mount federally protected species shall possess a valid federal taxidermist license issued by the U.S. Fish and Wildlife Service.

(6) Submit to the department the appropriate license fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022. along with the completed Taxidermy License Application.

Section 3. Labeling Requirements.

(1) Each licensed taxidermist shall keep records of the name, address, and phone number of the owner and the date killed of all wildlife or wildlife parts in their possession and shall tag each specimen or part to identify its owner.

(2) Wildlife heads harvested in Kentucky or other parts separated from the carcass for mounting by a licensed taxidermist shall have the hunter's confirmation number, if applicable, attached to the separated part.

Section 4. Cervid Carcass Disposal. A licensed taxidermist shall dispose of any unused cervid carcass material by:

(1) Burying the carcass or parts in an opening in the earth at least four (4) feet deep with the carcass or parts covered with two (2) inches of quicklime and at least three (3) feet of earth;

(a) With the cervid abdominal cavity, if applicable, opened wide the entire length;

(b) At a point which is never covered with the overflow of ponds or streams; and

(2) Depositing the carcass or parts in a contained landfill, as established in KRS Chapter 224.

Section 5. Incorporation by Reference.

(1) "Taxidermist License Application", 2025; is incorporated by reference.

History

RELATES TO: KRS 150.010, 150.175, 150.180, 150.183, 150.305, 150.330, 150.370, 150.411, 150.722, 150.990
STATUTORY AUTHORITY: KRS 150.025(1), 150.4111
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations regarding the buying, selling, or transporting of wildlife. KRS 150.4111 authorizes a person to sell the inedible parts of any legally taken wildlife to a licensed taxidermist for the purpose of mounting, authorizes a licensed taxidermist to buy or sell the inedible parts of any legally taken wildlife for the purpose of mounting, and authorizes any person to purchase from or sell to a licensed taxidermist any legally mounted specimen. This administrative regulation establishes the requirements for the buying and selling of inedible wildlife parts, and the proper disposal of cervid carcasses and parts.
History: 301 KAR 004:090. 15 Ky.R. 2328; 16 Ky.R. 11; eff. 6-28-1989; 45 Ky.R. 758, 1187; eff. 12-7-2018; 46 Ky.R. 152; eff. 9-10-2019; 52 Ky.R. 298; eff. 11-6-2025.

301 KAR 4:091 Buying and selling mounted wildlife specimens {#sec-301-kar-4-091 omnilex-key=us-ky-regs-official--title-301--301 KAR 4:091}

Section 1. Definitions.

(1) "Deer" means Odocoileus virginianus.

(2) "Elk" means Cervus elaphus nelsoni.

(3) "Wild turkey" means Meleagris gallopavo sylvestris.

(4) "Black bear" means Ursus americanus.

(5) "Bobcat" means Lynx rufus.

Section 2.

(1) A mounted wildlife specimen purchased from or sold to a licensed taxidermist pursuant to KRS 150.4111 shall be exempt from the requirements of this administrative regulation.

(2) A mounted wildlife specimen may be bought or sold by any person or entity, except as prohibited by federal law.

(3) A nonprofit charitable, religious, or educational institution, which has qualified for exemption pursuant to 26 U.S.C. 501(c)(3), may sell mounted wildlife specimens if the mounts have been donated, except as prohibited by federal law.

(4) Prior to selling a mounted wildlife specimen of a species established in paragraphs (a) through (e) of this subsection, the seller shall first obtain a registration number from the department by completing the online registration process on the department's Web site at fw.ky.gov for each mounted specimen of:

(a) Black bear;

(b) Bobcat;

(d) Elk; or

(e) Wild turkey.

(5) Prior to selling a mounted wildlife specimen of a species established in subsection (4) of this section, the seller shall affix the registration number to the mount in a clear and legible manner.

(6) A department registration number shall be required for each sale of a mounted wildlife specimen established in subsection (4) of this section.

History

RELATES TO: KRS 150.010, 150.180, 150.411, 26 U.S.C. 501(c)(3)
STATUTORY AUTHORITY: KRS 150.025(1)(c), 150.4111(1), 150.4112, 150.4113
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(c) authorizes the department to promulgate administrative regulations establishing requirements for buying, selling, or transporting wildlife. KRS 150.4111 authorizes licensed taxidermists to buy and sell legally taken inedible wildlife parts for the purpose of mounting. KRS 150.4112 authorizes the department to promulgate administrative regulations that allow resident nonprofit 26 U.S.C. 501(c)(3) institutions to sell donated mounted wildlife specimens and to provide a means by which each transaction is recorded for certain wildlife mounts. KRS 150.4113 authorizes the department to promulgate administrative regulations to allow the sale and purchase of mounted wildlife specimens and to provide a means by which each transaction is recorded for certain wildlife mounts. This administrative regulation establishes the requirements for the buying and selling of mounted wildlife specimens.
History: 48 Ky.R. 1977, 2404; ef. 5-31-2022.

301 KAR 4:110 Administration of drugs to wildlife {#sec-301-kar-4-110 omnilex-key=us-ky-regs-official--title-301--301 KAR 4:110}

Section 1. Definitions.

(1) "Captive wildlife":

(a) Means wildlife kept in confinement, for any time period, by cage, enclosure, fence, or other structure or restraint intended to prevent escape; and

(b) Does not mean fish.

(2) "Drug" means any chemical substance, other than food or mineral supplements, that affects the health, structure, or normal biological functions of any wildlife.

(3) "Noncaptive wildlife":

(a) Means wildlife living unrestrained in the wild and not kept in confinement, for any time period, by cage, enclosure, fence, or other structure or restraint intended to prevent escape; and

(b) Does not mean fish.

Section 2. Commissioner Authorization for Administration of Drugs to Noncaptive Wildlife.

(1) A person shall not administer drugs to noncaptive wildlife without written authorization from the commissioner pursuant to this section of this administrative regulation.

(2) A party shall petition the commissioner in writing for authorization to administer drugs to noncaptive wildlife. Written petitions shall include:

(a) A biological or sociological justification for the need to administer a drug to noncaptive wildlife;

(b) A literature review of the known and potential effects of the drug on individual animals, the wildlife population, and potential consumers of wildlife; and

(c) A detailed plan and timeline for administration of the drugs, including anesthetic monitoring plans and withdrawal time data for species and potential human consumption risk.

(3) The commissioner may issue a waiver for the petition requirement for authorization to administer drugs to noncaptive wildlife for specific situations involving:

(a) Public safety; or

(b) Wildlife disease outbreaks or biological or chemical emergencies or events.

(4) This section shall not apply to state or federal wildlife agencies' personnel in the performance of their official duties.

Section 3. Administration of Drugs to Captive Wildlife. This administrative regulation shall allow the administration of drugs for:

(1) Legally possessed captive wildlife under the direction of a licensed Kentucky veterinarian in which a veterinarian-client-patient relationship is established pursuant to KRS 321.185; or

(2) The treatment of sick or injured captive wildlife by either:

(a) A licensed veterinarian treating:

Non-commercial captive cervids as identified in 301 KAR 2:083; or
Critically ill or injured wildlife pursuant to 301 KAR 2:075; or

(b) A holder of a valid wildlife rehabilitation permit in a wildlife rehabilitation facility under the direction of a licensed Kentucky veterinarian in which a veterinarian-client-patient relationship is established pursuant to KRS 321.185 and 301 KAR 2:075;

(3) A holder of a valid commercial nuisance wildlife control operatorpermit using dispatch methods established in 301 KAR 3:120; or

(4) Employees of federal or state government in the performance of their official duties related to public health, wildlife management, or wildlife removal.

Section 4. Disposition of Wildlife. An officer of the department may take possession or dispose of any noncaptive wildlife if the officer has probable cause to believe the noncaptive wildlife have been administered drugs in violation of this administrative regulation.

History

RELATES TO: KRS 150.015, 150.025, 150.061, 150.105, 150.275, 150.280
STATUTORY AUTHORITY: KRS 150.025(1)(h), 150.061(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to regulate any method of taking wildlife and any other administrative regulation reasonably necessary to implement or carry out the purposes of KRS Chapter 150. This administrative regulation prohibits the administration of drugs to wildlife and creates the necessary exceptions.
History: 35 Ky.R. 1100; 1452; eff. 1-5-2009; 48 Ky.R. 908, 2969; eff. 6-9-2022; 49 Ky.R. 1822, 2284; eff. 6-8-2023.

301 KAR 4:112 Holding and preservation of seized wildlife {#sec-301-kar-4-112 omnilex-key=us-ky-regs-official--title-301--301 KAR 4:112}

Section 1. Definition. "Impoundment agent" means an individual or entity authorized by contractual agreement with the department to hold impounded wildlife as evidence during a judicial process.

Section 2.

(1) Wildlife that is alive upon seizure by a game warden as evidence in a criminal case shall be impounded and held alive and preserved as evidence until adjudication of the case, unless the commissioner authorizes a game warden or other department personnel to destroy or bring under control any wild animal, fish, or wild bird in accordance with KRS 150.105.

(2) If an animal dies before adjudication of the case, it shall be preserved to prevent decay.

(3) A wild or exotic animal that bites a human being or exhibits symptoms of rabies shall be destroyed and tested in accordance with KRS 258.085(1)(c).

Section 3. Impoundment Agent Requirements.

(1) Holding expectations and exemption for an impoundment agent assisting the department in evidentiary impoundment and oversight of wildlife in a criminal case.

(a) An impoundment agent shall be at least eighteen (18) years of age.

(b) An impoundment agent shall be under a current contract with the Department authorizing them to do so.

(c) An impoundment agent shall be subject to and comply with any federal holding requirements as applicable for species of wildlife being held.

(d) Except for this administrative regulation, an impoundment agent shall be exempt from state species possession restrictions if acting as an agent of the state to hold impounded wildlife as evidence during judicial process.

(2) Impoundment agent holding impounded evidence shall:

(a) Ensure impounded evidence is housed in an enclosure that complies with the established minimum standards within the contract;

(b) House impounded evidence in a separate enclosure that prevents direct or indirect contact with free-ranging wildlife, domestic animals, or any other captive or rehabilitating wildlife being housed on the premises of the impoundment agent;

(c) Maintain all impounded evidence in sanitary and safe conditions and in a manner that prevents maltreatment or neglect as referenced in 301 KAR 2:081 Section 8(5)(a)-(l); and

(d) Ensure impounded evidence is housed in an enclosure sufficient to prevent escape and direct contact with the public.

Section 4. Identification and Handling of Impounded Evidence.

(1) Impoundment agent shall ensure that all impounded wildlife be maintained on a chain of custody form.

(2) The impoundment agent shall not:

(a) Propagate impounded evidence;

(b) Remove impounded evidence from the holding facility except for veterinary care;

Section 5. Stewardship of Wildlife.

(1) All impounded evidence held under the contract shall remain under the stewardship of the Department of Fish and Wildlife Resources, except that federally protected wildlife remains under the stewardship of both the Department of Fish and Wildlife and the U.S. Fish and Wildlife Service.

(2) Impounded evidence shall be immediately surrendered to a game warden upon request.

History

RELATES TO: KRS 150.010, 150.025, 150.105, 150.120, 150.170, 150.280, 258.085
STATUTORY AUTHORITY: KRS 150.025, 150.105, 150.120
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the commissioner with approval of the commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(h) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations reasonably necessary to implement or carry out the purposes of KRS Chapter 150. KRS 150.092(3) authorizes Game Wardens to arrest or issue a citation to any person who is in violation of KRS Chapter 150 or administrative regulations adopted thereunder. KRS 150.105 authorizes the department to dispatch or bring under control any wildlife causing damage to persons, property, or other animals spreading disease and that should be eliminated to prevent further damage. KRS 150.120 authorizes the game wardens to seize and take possession of any and all wildlife which have been taken, used, transported, or possessed contrary to any law or regulation adopted under KRS Chapter 150. This administrative regulation establishes the parameters for impounding wildlife either alive or euthanized and preserved as evidence in a criminal proceeding until adjudication.
History: 301 KAR 004:112. 52 Ky.R. 1243, 1697; eff. 6-4-2026.

301 KAR 4:120 Wildlife disease reporting {#sec-301-kar-4-120 omnilex-key=us-ky-regs-official--title-301--301 KAR 4:120}

Section 1. Definitions.

(1) "CWD Surveillance Zone" means an area designated as being subject to special deer hunting regulations due to a CWD positive cervid detection.

(2) "Euthanasia" means the act of putting an animal to death in a humane manner using a lethal injection adhering to American Veterinary Medical Association Guidelines for the Euthanasia of Animals.

(3) "Exotic wildlife" means wildlife species that have never naturally existed in the wild in Kentucky, including species introduced by man that have become naturalized.

(4) "Fish" means all wild and propagated finfish, mollusks, crustaceans, and other forms of aquatic animals, excluding aquatic mammals and birds, including any part, spawn, or ovum of those animals.

(5) "Native wildlife" means wildlife species that have historically existed, currently exist, or have naturally expanded their range:

(a) In the wild into Kentucky;

(b) Without introduction by humans; and

Origin or location of an individual animal; and
Being captive-bred or taken from the wild.

(6) "Rabies vector species" means a:

(a) Bat of any species (order Chiroptera);

(b) Coyote (Canis latrans);

(d) Raccoon (Procyon lotor);

(e) Red fox (Vulpes vulpes);

(f) Spotted skunk (Spilogale putorius);

(g) Striped skunk (Mephitis mephitis); or

(h) Hybrid of paragraphs (a) through (f) of this subsection.

(7) "Veterinarian" is defined by KRS 321.181(69).

Section 2. Duty to Notify. Every veterinarian, veterinary practice and personnel; veterinary diagnostic laboratory and personnel; laboratory providing diagnostics for native or exotic wildlife and fish for Kentucky; holder of captive wildlife; persons associated with any wildlife or fish sales or event establishment and personnel; transportation provider; commercial wildlife services, facility and personnel; or any other person or entity having knowledge of the existence of any reportable disease, as established in Section (3) of this administrative regulation, shall report the disease or condition to the KDFWR Wildlife Veterinarian.

Section 3. Diseases to be Reported.

(1) The following diseases and conditions shall be reported to the KDFWR Wildlife Veterinarian:

(a) Algal toxicosis;

(b) Anaplasmosis;

(d) Batrachochytrium dendrobatidis (Chytridiomycosis);

(e) Batrachochytrium salamandrivorans (Chytridiomycosis);

(f) Bluetongue;

(g) Botulism;

(h) Brucellosis;

(i) Canine Distemper Virus;

(j) Chronic Wasting Disease (CWD);

(k) Clostridium piliforme (Tyzzer's Disease);

(l) Duck virus enteritis (Duck Plague);

(m) Echinococcus spp. (Echinococcosis);

(n) Epizootic Hemorrhagic Disease;

(o) Hantaviruses;

(p) Highly Pathogenic Avian Influenza;

(q) Histomoniasis (Blackhead disease);

(r) Lead Toxicosis;

(s) Leptospira interogans ssp. (Leptospirosis);

(t) Mycoplasma gallisepticum;

(u) Mycoplasma agassizii;

(v) Mycotoxicosis (aflatoxins and fusariotoxins);

(w) Ophidiomyces ophiodiicola (Snake fungal disease);

(x) Paratuberculosis (Johne's disease);

(y) Plague (Yersinia pestis);

(z) Pseudogymnoascus destructans (White-nose Syndrome);

(aa) Pseudorabies;

(bb) Rabies;

(cc) Rabbit Hemorrhagic Disease Virus;

(dd) Ranavirus;

(ee) Salmonellosis (Salmonella enterica, all serovars);

(ff) SARS-CoV-2;

(gg) Sarcoptes scabiei (Sarcoptic Mange);

(hh) Theileriosis;

(ii) Trichinellosis;

(jj) Tuberculosis;

(kk) Tularemia;

(ll) Virulent Newcastle Disease;

(mm) Vesicular Stomatitis;

(nn) West Nile Virus (WNV);

(oo) Any additional diseases or conditions listed by the World Organization for Animal Health (WOAH) Listed Diseases including the Terrestrial Animal and Aquatic Animal disease list; and

(pp) Any disease or condition listed in the United Stated Department of Agriculture National List of Reportable Animal Diseases (NLRAD).

(2) Conditions of any etiology that meet any of the following criteria shall be reported immediately:

(a) Chemical poisoning in wildlife and fish involving anticoagulant rodenticides, heavy metals, and pesticides;

(b) Encephalitis or other central nervous system disease;

(d) Highly infectious conditions of any etiology, known or unknown.

Section 4. Notification Requirements for Reportable Diseases.

(1) The notification shall be given to the Wildlife Veterinarian, Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601; telephone 502-892-4584 or wildlifehealth@ky.gov within forty-eight (48) hours of confirmation of a reportable disease defined in Section 3 of this administrative regulation.

(2) The person reporting shall submit:

(a) Name, address, and telephone number of the submitter of wildlife or fish;

(b) The wildlife or fish species, age, sex, number of animals affected, and clinical signs;

(d) The name, address, and telephone number of the veterinarian submitting the case; and

(e) If different from submitter, name, address, and telephone number of the person reporting or holder of captive wildlife.

(3) A report submitted to the KDFWR Wildlife Veterinarian by a diagnostic laboratory of a condition suspected or diagnosed by a test result or other laboratory procedure shall constitute notification on behalf of the laboratory and the submitting veterinarian or holder.

Section 5. Euthanasia of Wildlife for Reportable Diseases.

(1) Individuals with the following qualifications may euthanize wildlife presented to them suspected of having a reportable disease as identified in Section 3 of this administrative regulation.

(a) KDFWR staff or representative of the department who is engaged in wildlife activities in an official capacity; or

(b) Licensed Veterinarian authorized to practice veterinary medicine in Kentucky under KRS Chapter 321.

(2) Public Health Officials, acting in their official capacity, whose duties include euthanasia for reportable disease testing, may euthanize wild mammal species that bites a person, or wild mammal species that shows symptoms of a rabies infection, as established in 902 KAR 2:070, Section 5 and KRS 258.085(1)(c) except bats found in non-living spaces with no known contact with humans shall not be euthanized.

(3) Animal control officers that hold a valid Animal Euthanasia Specialist (AES) certification, pursuant to KRS 321.207(4) and 201 KAR 16:560, and who have completed an approved Wildlife Chemical Immobilization training may be authorized to euthanize rabies vector species, excluding bats, that are presented to them at a permitted facility and are suspected of having a reportable disease.

(a) To qualify for this authorization, the certified AES shall submit to the Department:

Proof they possess a valid Animal Euthanasia Specialist Certificate; and
Proof they completed and passed a San Diego Zoo Wildlife Alliance Academy (SDZWAA) Safe Capture Training course in Chemical Immobilization of Wildlife.

(b) Wildlife euthanized by certified Animal Euthanasia Specialist for reportable disease conditions shall be presented to authorized personnel at permitted facilities and shall not be trapped or taken from the environment without a valid Nuisance Wildlife Control Operator permit pursuant to 301 KAR 3:120 or with a valid trapping license during a legal trapping season for that species pursuant to KRS 150.175 and 301 KAR 2:251.

In addition to the standard wildlife disease reporting requirements found in Section 4 of this administrative regulation, certified Animal Euthanasia Specialists shall submit an annual report of total number euthanized wildlife (species, county, date, disease) submitted within thirty (30) days of December 31st each year in which wildlife were euthanized.
A wildlife carcass not submitted for testing shall be:

a. Retained in cold storage; and

b. Reported to the Department Veterinarian within forty-eight (48) hours for proper disposition (phone 502-892-4584 or email at wildlifehealth@ky.gov).

Section 6. Approved Euthanasia Methods for Certified Animal Euthanasia Specialist. Certified Animal Euthanasia Specialists euthanizing wildlife at an animal control facility certified pursuant to KRS 321.207 and 201 KAR 16:550 and 552 shall comply with approved methods for euthanasia as established in 201 KAR 16:562.

Section 7. Carcass Disposal.

(1) Any cervids euthanized for reportable disease conditions shall be disposed of in accordance with 301 KAR 4:090 as established for taxidermists and shall not be transported outside of CWD surveillance zones for disposal in accordance with 301 KAR 2:172.

(2) Certified Animal Euthanasia Specialists shall dispose of carcasses in a way to prevent accidental exposure to other wildlife. Acceptable means of disposal include the following, if in accordance with 201 KAR 16:562, KRS 257.160 and local county and municipality waste disposal laws:

(a) Burying the carcass or parts in an opening in the earth at least four (4) feet deep and covered with at least three (3) feet of earth; or

(b) Depositing the carcass or parts in a contained landfill, as established in KRS Chapter 224 and meeting liner requirements pursuant to 401 KAR 48:080.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "American Veterinary Medical Association Guidelines for the Euthanasia of Animals", 2020 Edition;

(b) "Certified Animal Euthanasia Specialist Annual Wildlife Euthanasia Report", 2025 Edition;

(c) "The World Organization for Animal Health (WOAH) Listed Diseases and Non-Listed Affecting Wildlife", 2023 Edition; and

(d) "United Stated Department of Agriculture National List of Reportable Animal Diseases (NLRAD)", 2023 Edition.

(a) https://www.avma.org/sites/default/files/2020-02/Guidelines-on-Euthanasia-2020.pdf for the "American Veterinary Medical Association Guidelines for the Euthanasia of Animals";

(b) https://fw.ky.gov/Wildlife/Documents/CertAnimalEuthanasiaSpecialistAnnualReport.pdf for the "Certified Animal Euthanasia Specialist Annual Wildlife Euthanasia Report"; and

(c) https://fw.ky.gov/Wildlife/Pages/reportablewildlifedisease.aspx for the "The World Organization for Animal Health (WOAH) Listed Diseases and Non-Listed Affecting Wildlife"; and https://fw.ky.gov/Wildlife/Pages/reportablewildlifedisease.aspx for the "United Stated Department of Agriculture National List of Reportable Animal Diseases (NLRAD)".

History

RELATES TO: KRS 150. 015, 150.105, 150.720,150.722, 150.740
STATUTORY AUTHORITY: KRS 150.015, 150.025
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.015 requires the Kentucky Department of Fish and Wildlife Resources to protect, preserve, and conserve the fish and wildlife resources of the Commonwealth. KRS 150.025 (1)(i) authorizes the Department to promulgate administrative regulations necessary to carry out the purposes of KRS Chapter 150. Because of the impact of certain diseases found in livestock and poultry to the native fish and wildlife populations, the Department believes it is necessary to establish a listing of all reportable diseases which can be transmitted to fish and wildlife and set out the conditions under which the diseases shall be reported. This administrative regulation establishes a comprehensive list of reportable diseases and the conditions under which the diseases shall be reported.
History: 301 KAR 004:120. 51 Ky.R. 1974; 52 Ky.R. 387; eff. 9-18-2025.

Chapter 5 Licensing

301 KAR 5:001 Definitions for 301 KAR Chapter 5 {#sec-301-kar-5-001 omnilex-key=us-ky-regs-official--title-301--301 KAR 5:001}

Section 1. Definitions.

(1) "Agent commission" means the fee an agent is permitted to charge in addition to the product price that represents the agent's profit for the transaction.

(2) "Agent fees" means all fees established in administrative regulation that a license agent may charge in a transaction in addition to the product price for the licenses, permits, items, or services purchased.

(3) "Class A" means vessels less than sixteen (16) feet in length or a personal watercraft as defined by KRS 235.010(4).

(4) "Class 1" means vessels sixteen (16) feet or more, but less than twenty-six (26) feet in length.

(5) "Class 2" means vessels twenty-six (26) feet or more, but less than forty (40) feet in length.

(6) "Class 3" means vessels forty (40) feet or more in length.

(7) "Commission" is defined by KRS 150.010(6).

(8) "Commissioner" is defined by KRS 150.010(7).

(9) "Department" is defined by KRS 150.010(10).

(10) "License agent" means a person, government entity including the department, business, or organization authorized to sell and issue licenses and conduct other transactions for the department.

(11) "License stock" means the blank paper upon which licenses are printed.

(12) "Operational Cost" means the fees charged for the operation, storage, security, maintenance, and support of the applicable sales solutions.

(13) "Payment processing fee" means a fee charged for the processing of payments.

(14) "Product price" means the price of a license, permit, item, or service without any agent fees.

(15) "Transaction" means the application for a hunt or the purchase or sale of a license, permit, item, product, or service.

(16) "Vendor" means a person, organization, or business under contract with the department to provide the operation, storage, security, maintenance, and support of the solutions required to deliver department-defined goods and services.

History

RELATES TO: KRS 150.010, 150.195, 235.010(4)
STATUTORY AUTHORITY: KRS 150.195
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.195 requires the department to promulgate administrative regulations. This administrative regulation establishes definitions for terms used in 301 KAR Chapter 5.
History: 301 KAR 005:001. 22 Ky.R. 1176; Am. 1456; eff. 2-12-1996; 48 Ky.R. 910, 2589; 6-9-2022; 49 Ky.R. 1659; eff. 6-8-2023; 50 Ky.R. 1365, 1885; eff. 6-4-2024; 52 Ky.R. 302, 736; eff. 11-6-2025.

301 KAR 5:010 License agent applications and agreements {#sec-301-kar-5-010 omnilex-key=us-ky-regs-official--title-301--301 KAR 5:010}

Section 1. License Agent Applications and Agreements.

(1) Before receiving authorization to serve as license agents, persons, government entities other than the department, businesses, or organizations shall:

(a) Complete and submit a License Agent Application Form;

(b) Enter into a formal contract with the department by agreeing to the provisions of, and signing, the License Agent Contractual Agreement, October 2023 Edition; and

(c) Complete an Electronic Funds Transfer Request Form that authorizes the department or its vendor to make electronic fund transfers from an account into which the license agent shall deposit the proceeds from transactions, or establish and agree upon the process for license agent-initiated fund transfers to the department or vendor.

(2) State agencies, other than the department, serving as license agents shall remit payment through the state accounting system.

(3) The department shall not appoint as an agent a business that does not:

(a) Possess a valid federal identification number;

(b) Possess a Kentucky sales tax number, except if it is outside Kentucky; and

Section 2. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "License Agent Application Form", 2023;

(b) "Electronic Funds Transfer Request Form", 2023; and

(a) https://fw.ky.gov/Licenses/Documents/LICENSE_AGENT_APPLICATION_FORM.pdf for the "License Agent Application Form";

(b) https://fw.ky.gov/Licenses/Documents/EFT_TRANSFER_FORM.pdf for the "Electronic Fund Transfer Authorization Form"; or

History

RELATES TO: KRS 150.175
STATUTORY AUTHORITY: KRS 150.195
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.195 requires the department to provide for the control of the design, issuance, distribution, and other matters relating to licenses and permits issued by the department. This administrative regulation establishes the application procedures for becoming a department license agent.
History: 22 Ky.R. 1177; Am. 1457; eff. 2-12-1996; 26 Ky.R. 2024; 27 Ky.R. 79; eff. 7-17-2000; 30 Ky.R. 2343; eff. 7-14-2004; 44 Ky.R. 1393, 1822; eff. 3-9-2018; 49 Ky.R. 1661, 2092; eff. 6-8-2023; 50 Ky.R. 1367, 1885; eff. 6-4-2024.

301 KAR 5:020 License agent requirements and responsibilities {#sec-301-kar-5-020 omnilex-key=us-ky-regs-official--title-301--301 KAR 5:020}

Section 1. Issuing Licenses and Permits.

(1) A license agent shall issue a license or permit to a person who completes the registration process with the agent and pays the appropriate license or permit fee as established in 301 KAR 5:022 and applicable agent fees as established in this administrative regulation.

(2) A license agent shall not knowingly enter false information while processing a license, permit, or other transaction.

Section 2. Agent Fees and Depositing of Funds.

(1) If applicable, a license agent shall be permitted to charge and retain:

(a) An agent commission of three (3) percent of the product price; and

(b) Payment processing fees consistently charged by license agents for non-cash payments for all products, both department products and non-department products, through the ordinary course of business, including those identified in KRS 45.345(2) for state agencies, KRS 64.840(3) for county agencies, and any fees incurred by license agents that are private entities.

(2) A license agent shall deposit the full amount of the product price into the account established in 301 KAR 5:010.

Section 3. Electronic Transfer of Funds to the Department.

(1) The department or its vendor shall provide each license agent with a schedule of dates when electronic fund transfers will be initiated.

(2) On the day of a scheduled electronic fund transfer, a license agent shall have sufficient funds in the account to cover the amount of the transfer.

(3) A license agent shall contact the department or its vendor prior to the day of a scheduled electronic fund transfer if there are any discrepancies or concerns that need to be resolved.

Section 4. Voiding Licenses and Permits.

(1) A license agent may, within four (4) hours of issuing a license or permit, void a license or permit if the purchaser:

(a) Discovers that the issued license or permit is incorrect;

(b) Will not pay for the license or permit; or

(2) An agent shall:

(a) Ensure that a license or permit established in subsection (1) of this section is voided in the system; and

(b) Destroy all paper copies of the voided license or permit.

(3) A license agent shall refund license or permit cost as established in 301 KAR 5:030, Section 3(2)(a).

Section 5. Suspensions and Revocation of Agent Status.

(1) In addition to any penalties provided by KRS 150.990, and except as established in subsection (2) of this section, the department shall suspend for one (1) to five (5) years a license agent who twice in a twelve (12) month period:

(a) Causes an electronic fund transfer failure; or

(b) Violates a provision of:

KRS 150.195; or
A requirement of KAR Title 301.

(2) The department shall permanently revoke the agent status of a license agent who:

(a) Commits an offense for which the license agent has been previously suspended;

(b) Does not deposit the required funds in the agent bank account within twenty-four (24) hours of notification by the department of insufficient funds;

(d) Closes the business seasonally without notifying the licensing section supervisor in writing by surface mail, fax, or e-mail and settling the account; or

(e) Knowingly issues a license or permit containing false information.

(3) Before issuing a final order suspending or revoking the status of an agent, the department shall:

(a) Notify the agent by registered mail that the agent's status is under review; and

(b) Afford the agent the opportunity for an informal meeting with the commissioner or the commissioner's designee to show cause why the agent status should not be suspended or revoked.

(4) A suspension or revocation shall become effective upon receipt of notification from the department.

(5) A suspended or revoked agent shall:

(a) Allow the department access to financial records dealing with license and permit sales; and

(b) Immediately pay all funds owed to the department.

Section 6. Appeal of Suspension or Revocation of Agent Status.

(1) A license agent who wishes to appeal a suspension or revocation shall request a hearing in writing, postmarked or delivered in person to the department no later than ten (10) days after notification of suspension or revocation.

(2) Upon receipt of the request for a hearing, the department shall conduct a suspension or revocation hearing pursuant to KRS Chapter 13B and KRS 150.195.

(3) The hearing officer's findings of fact, conclusions of law, and recommended order shall be considered by the department's commission at the commission meeting immediately following the deadline for the parties' exceptions pursuant to KRS Chapter 13B. If the suspension or revocation decision is upheld by the commission, the agent may then appeal the decision to the Franklin Circuit Court. An appeal shall be in accordance with KRS Chapter 13B and KRS 150.195.

(4) The department's commission shall issue a final order pursuant to KRS Chapter 13B.

History

RELATES TO: KRS 45.345, 64.840, 150.175, 150.990
STATUTORY AUTHORITY: KRS 150.195
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.195 requires the department to promulgate administrative regulations governing the issuance of licenses and permits. This administrative regulation establishes the requirements for issuing licenses and permits, electronically reporting license and permit sale data and revenue, and suspending or revoking license agent status.
History: 22 Ky.R. 1748; Am. 2000; eff. 5-16-1996; 25 Ky.R. 600; 1035; eff. 11-18-1998; 26 Ky.R. 2025; 27 Ky.R. 79; eff. 7-17-2000; 28 Ky.R. 920; eff. 12-19-2001; 29 Ky.R. 521; 929; eff. 10-9-2002; 30 Ky.R. 2345; 31 Ky.R. 33; eff. 7-14-2004; 44 Ky.R. 1394, 1822; eff. 3-9-2018; 49 Ky.R.1662, 2093; eff. 6-8-2023; 50 Ky.R. 1368, 1886; eff. 6-4-2024.

301 KAR 5:022 License, tag, registration, and permit fees {#sec-301-kar-5-022 omnilex-key=us-ky-regs-official--title-301--301 KAR 5:022}

Section 1. License, tag, permit, and registration fee adjustments.

(1) Excluding Section 9 of this regulation, all fees listed in this administrative regulation shall be adjusted on every year ending in an even number by summing the 12-month percentage change of the Consumer Price Index for All Urban Consumers (CPI-U), as reported by the U.S. Bureau of Labor and Statistics, from the two previous years and rounding the two (2) year sum to the nearest tenth of a percentage point.

(2) The starting base amount for license, tag, permit, and registration fees are listed in this administrative regulation and shall be increased additively every year ending on an even number effective January 1, 2026.

(3) Current license, tag, permit, and registration fees shall be found at https://fw.ky.gov/Licenses/Pages/Fees.aspx.

Section 2. Licenses, tags, and permits listed in this section shall be valid from March 1 through the last day of February the following year, except the senior lifetime sportsman's license shall be valid for the life of the license holder while the license holder maintains Kentucky residency.

(1) Sport fishing licenses:

(a) Statewide annual fishing license (resident): twenty-three (23) dollars;

(b) Statewide annual fishing license (nonresident): fifty-five (55) dollars;

(d) Statewide three (3) year fishing license (resident): fifty-five (55) dollars; and

(e) Trout permit: ten (10) dollars.

(2) Commercial fishing licenses:

(a) Commercial fishing license (resident), plus ten (10) resident commercial gear tags: $150;

(b) Commercial fishing license (nonresident), plus ten (10) nonresident commercial gear tags: $600; and

(c) Commercial fishing license for invasive carp and scaled rough fish (nonresident), plus ten (10) nonresident gear tags: $150.

(3) Commercial fishing gear tags (shall not be sold singly):

(a) Commercial fishing gear tags (resident) block of ten (10) tags: fifteen (15) dollars;

(b) Commercial fishing gear tags (nonresident) block of ten (10) tags: $100; and

(c) Commercial fishing gear tags for invasive carp and scaled rough fish (nonresident), block of ten (10) tags: fifteen (15) dollars.

(4) Hunting licenses:

(a) Statewide hunting license (resident): twenty-seven (27) dollars;

(b) Statewide hunting license (nonresident): $160;

(d) Statewide youth hunting license (nonresident): ten (10) dollars;

(e) Shooting preserve hunting license: five (5) dollars; and

(f) Migratory bird and waterfowl permit: fifteen (15) dollars.

(5) Combination hunting and fishing license (resident): forty-two (42) dollars.

(6) Sportsman's licenses:

(a) Sportsman's license (resident), which includes a resident hunting and fishing license, spring turkey permit, fall turkey permit, trout permit, state migratory bird and waterfowl permit, and statewide deer permit: ninety-five (95) dollars;

(b) Youth sportsman's license (resident), which may be issued to a person before he or she has reached his or her sixteenth birthday and for which the privileges remain valid through the end of the applicable license year, and which includes a statewide hunting license, a statewide deer permit, a spring turkey permit, fall turkey permit, migratory game bird and waterfowl permit, statewide annual fishing license, and a Ballard WMA waterfowl hunt permit valid for all days the license holder lawfully waterfowl hunts at Ballard WMA: thirty (30) dollars;

(c) Senior sportsman's license, which include a resident hunting and fishing license, spring turkey permit, fall turkey permit, trout permit, state migratory bird and waterfowl permit, and statewide deer permit. Senior licenses shall not be valid unless the holder carries proof of their Kentucky residency and proof of age on the holder's person while performing an act authorized by the license:

Annual senior sportsman's license (resident): twelve (12) dollars; and
Senior lifetime sportsman's license (resident): $180;

(d) Disabled sportsman's license (resident), which includes a resident hunting and fishing license, spring turkey permit, fall turkey permit, trout permit, state migratory bird and waterfowl permit, and statewide deer permit: twelve (12) dollars; and

(e) First time buyer sportsman's license (resident), which includes a resident hunting and fishing license, spring turkey permit, fall turkey permit, trout permit, state migratory bird and waterfowl permit, and statewide deer permit: thirty-five (35) dollars.

(7) Trapping licenses:

(a) Trapping license (resident): twenty (20) dollars;

(b) Trapping license (resident landowner – tenant): ten (10) dollars;

(d) Youth trapping license (resident): five (5) dollars.

(8) Game permits:

(a) Bear permit (resident): thirty (30) dollars;

(b) Youth bear permit (resident): ten (10) dollars;

(d) Youth bear chase permit (resident): ten (10) dollars;

(e) Combination bear permit (resident), which includes a bear permit and a bear chase permit: fifty (50) dollars;

(f) Bear permit (nonresident): $250;

(g) Youth bear permit (nonresident): $100;

(h) Bear chase permit (nonresident): fifty (50) dollars;

(i) Youth bear chase permit (nonresident): fifteen (15) dollars;

(j) Quota cow elk permit (resident): sixty (60) dollars;

(k) Quota cow elk permit (nonresident): $400;

(l) Quota bull elk permit (resident): $100;

(m) Quota bull elk permit (nonresident): $550;

(n) Quota either sex archery and crossbow elk permit (resident): $100;

(o) Quota either sex archery and crossbow elk permit (nonresident): $550;

(p) Out-of-zone elk permit (resident): thirty (30) dollars;

(q) Out-of-zone elk permit (nonresident): $400;

(r) Statewide deer permit (resident): thirty-five (35) dollars;

(s) Statewide deer permit (nonresident): $235;

(t) Statewide youth deer permit (resident), valid for taking four (4) deer: ten (10) dollars;

(u) Statewide youth deer permit (nonresident), valid for taking four (4) deer: fifteen (15) dollars;

(v) Additional deer permit: fifteen (15) dollars;

(w) Spring turkey permit (resident): thirty (30) dollars;

(x) Spring turkey permit (nonresident): $110;

(y) Fall turkey permit (resident): thirty (30) dollars;

(z) Fall turkey permit (nonresident): $110;

(aa) Youth turkey permit (resident), valid for taking one (1) wild turkey during spring or fall seasons: ten (10) dollars;

(bb) Youth turkey permit (nonresident), valid for taking one (1) wild turkey during spring or fall seasons: fifteen (15) dollars;

(cc) Quota youth elk permit (resident): thirty (30) dollars; and

(dd) Quota youth elk permit (nonresident): $200.

(9) Peabody WMA user permit: fifteen (15) dollars.

(10) Land Between the Lakes hunting permit: as stated at landbetweenthelakes.us.

(11) Conservation permit: five (5) dollars.

(12) Bobcat hunting permit: ten (10) dollars.

(13) Guide licenses:

(a) Fishing guide license (resident): $100;

(b) Fishing guide license (nonresident): $400;

(d) Hunting guide license (nonresident): $400.

(14) Outfitter licenses:

(a) Fishing Outfitter Tier 1 (resident): $250;

(b) Fishing Outfitter Tier 1 (nonresident): $1,000;

(d) Fishing Outfitter Tier 2 (nonresident): $1,500;

(e) Hunting Outfitter Tier 1 (resident): $500;

(f) Hunting Outfitter Tier 1 (nonresident): $1,000;

(g) Hunting Outfitter Tier 2 (resident): $1,000;

(h) Hunting Outfitter Tier 2 (nonresident): $2,000;

(i) Hunting Outfitter Tier 3 (resident): $1,500;

(j) Hunting Outfitter Tier 3 (nonresident): $3,000;

(k) Hunting Outfitter Tier 4 (resident): $2,000; and

(l) Hunting Outfitter Tier 4 (nonresident): $4,000.

(15) Experimental commercial fishing methods program permits:

(a) Tier I experimental commercial fishing methods program permit (resident): $800;

(b) Tier I experimental commercial fishing methods program permit (nonresident): $1,600;

(d) Tier II experimental commercial fishing methods program permit (nonresident): $2,400.

(16) Annual shooting range permit:

(a) Purchaser does not hold a valid annual hunting or fishing license: twenty-five (25) dollars; or

(b) Purchaser holds a valid annual hunting or fishing license: Free.

Section 3. Licenses, tags, and permits listed in this section shall be valid for the calendar year issued.

(1) Live fish and bait dealer's licenses:

(a) Live fish and bait dealer's license (resident): fifty (50) dollars; and

(b) Live fish and bait dealer's license (nonresident): $150.

(2) Commercial taxidermist license: $150.

(3) Shooting area permit: $150.

(4) Dog training area permit: fifty (50) dollars.

(5) Collecting permits:

(a) Educational wildlife collecting permit: twenty-five (25) dollars; and

(b) Scientific wildlife collecting permit: $100.

(6) Wildlife control operator's permit: $100.

(7) Pay lake license:

(a) Pay lakes obtaining all fish from private hatcheries only:

Lakes with two (2) acres or less: $250; and
Each additional acre or part of an acre: fifty (50) dollars; and

(b) Pay lakes obtaining all or a portion of catfish from public waters:

Lakes with two (2) acres or less: $600; and
Each additional acre or part of an acre: fifty (50) dollars.

(8) Commercial captive wildlife permit: $150.

(9) Commercial fish propagation permit: fifty (50) dollars.

(10) Wildlife rehabilitator's permit: twenty-five (25) dollars.

(11) Annual wildlife transportation permit: $250.

(12) Peabody Wildlife Management Area annual event permit: $250.

Section 4. Licenses, tags, and permits listed in this section shall be valid for three (3) years from the date of issue.

(1) Falconry permit: seventy-five (75) dollars.

(2) Noncommercial captive wildlife permit: seventy-five (75) dollars.

Section 5. Licenses, tags, and permits listed in this section shall be valid for the date or dates specified on each.

(1) Short-term licenses:

(a) One (1) day fishing license (resident): seven (7) dollars;

(b) One (1) day fishing license (nonresident): fifteen (15) dollars;

(d) One (1) day hunting license (resident) (not valid for deer, elk, bear, or turkey hunting): seven (7) dollars;

(e) One (1) day hunting license (nonresident) (not valid for deer, elk, bear, or turkey hunting): twenty-five (25) dollars;

(f) Seven (7) day hunting license (nonresident) (not valid for deer, elk, bear, or turkey hunting): sixty-five (65) dollars;

(g) Three (3) day fur buyers license (nonresident): fifty (50) dollars; and

(h) One (1) day shooting range permit: five (5) dollars.

(2) Individual wildlife transportation permit: twenty-five (25) dollars.

(3) Special resident commercial fishing permit: $600.

(4) Special nonresident commercial fishing permit: $900.

(5) Shoot-to-retrieve field trial permits:

(a) Per trial (maximum four (4) days): seventy-five (75) dollars; and

(b) Single day: twenty-five (25) dollars.

(6) Boat dock permit: $100 per ten (10) year permit period beginning January 1, 2008, except that the fee shall be pro-rated for the number of years remaining in the ten (10) year period.

(7) Shoreline use permit: Valid for a fifteen (15) year permit period beginning January 1, 2010, pro-rated to the nearest five (5) year interval remaining in the fifteen (15) year period, and containing three (3) tiers, including:

(a) Tier I: $100;

(b) Tier II: $200; and

(8) Peabody individual event permit: twenty-five (25) dollars.

(9) Commercial roe-bearing fish buyer's permit:

(a) Commercial roe-bearing fish buyer's permit (resident): $500; and

(b) Commercial roe-bearing fish buyer's permit (nonresident): $1,000.

(10) Commercial roe-bearing fish harvester's permit:

(a) Commercial roe-bearing fish harvester's permit (resident): $500; and

(b) Commercial roe-bearing fish harvester's permit (nonresident): $1,500.

(11) Otter Creek Outdoor Recreation Area:

(a) Daily Entry Permit: three (3) dollars, with children under twelve (12) free; and

(b) Daily Special Activities Permit: seven (7) dollars.

(12) Commercial foxhound training enclosure permit: $150.

(13) Noncommercial foxhound training enclosure permit: twenty-five (25) dollars.

(14) Fish transportation permit: twenty-five (25) dollars.

Section 6. Licenses, tags, and permits listed in this section shall be valid on a per-unit basis as specified.

(1) Ballard WMA waterfowl hunt permit (per person, per day; youths under age sixteen (16) exempted): fifteen (15) dollars.

(2) Pheasant hunt permit (per person, per day): twenty-five (25) dollars.

(3) Captive cervid permit (per facility, per year): $150.

(4) Noncommercial captive cervid permit (per facility, per three (3) years): seventy-five (75) dollars.

Section 7. The following licenses listed in this section shall be valid from April 1 through March 31 of the following year:

(1) Fur processor's license (resident): $150;

(2) Fur buyer's license (resident): fifty (50) dollars; and

(3) Fur buyer's license (nonresident): $300.

Section 8. The following Otter Creek Outdoor Recreation Area permits shall be valid from July 1 through June 30 of the following year:

(1) Annual Entry Permit: thirty (30) dollars, with children under twelve (12) free; and

(2) Annual Special Activities Permit: seventy (70) dollars.

Section 9. The following non-refundable application fees listed in this section shall be valid for the application to hunt in a department administered quota hunt or for a chance to be drawn for permits as specified.

(1) Pheasant quota hunt application fee: three (3) dollars.

(2) Antlered elk firearms quota hunt application fee: ten (10) dollars.

(3) Antlerless elk firearms quota hunt application fee: ten (10) dollars.

(4) Either-sex elk archery and crossbow quota hunt application fee: ten (10 dollars).

(5) Youth quota elk hunt application fee: ten (10) dollars.

(6) Deer quota hunt application fee: three (3) dollars.

(7) Waterfowl quota hunt application fee: three (3) dollars.

(8) Sandhill crane quota hunt application fee: three (3) dollars.

(9) Elk hunt sweepstakes and premium combination big game permit application fee:

(a) Five (5) dollars for residents and ten (10) dollars for one (1) application;

(b) Ten (10) dollars for residents and twenty (20) dollars for nonresidents per bundle of three (3) applications; and

(10) Standard combination big game permit application fee:

(a) Three (3) dollars for residents and six (6) dollars for nonresidents for one (1) application;

(b) Eight (8) dollars for residents and sixteen (16) dollars for nonresidents per bundle of three (3) applications; and

Section 10. Motorboat, Boat Manufacturer, and Boat Dealer Registration Fees.

(1) The annual registration fee for motorboats shall be:

(a) Class A: twenty-one (21) dollars;

(b) Class 1: forty (40) dollars;

(d) Class 3: sixty-five (65) dollars.

(2) Boat Manufacturer or Boat Dealer Registration: $100.

(3) Boat Manufacturer or Boat Dealer Additional Plate: two (2) dollars.

History

RELATES TO: KRS 150.025, 150.180, 150.183, 150.240, 150.275, 150.280, 150.290, 150.450, 150.485, 150.520, 150.525, 150.600, 150.603, 150.660, 150.720, 235.220, 235.040, 235.050, 235.080
STATUTORY AUTHORITY: KRS 150.175, 150.195(4)(f), 150.225(1), 150.620, 235.080, 235.220(1)
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6. The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to govern the fair, reasonable, equitable, and safe use of all waters of this state and otherwise carry out the provisions of KRS Chapter 235 as established in KRS 235.280 and KRS 235.290 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1) and KRS 235.030, promulgated by the Commissioner with approval of the Commission in accordance with KRS 235.280 and KRS 150.025(1)(g), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.175 authorizes the types of licenses, permits, and tags. KRS 150.195(4)(f) requires the Department of Fish and Wildlife Resources to promulgate an administrative regulation establishing the license and permit terms and the expiration date of licenses and permits. KRS 150.225(1) requires the department to promulgate administrative regulations establishing reasonable license fees relating to hunting, fishing, and trapping. KRS 150.620 authorizes the department to charge reasonable fees for the use of lands and waters it has acquired for wildlife management and public recreation. KRS 235.080 requires the department to establish boat registration fees. KRS 235.220(1) authorizes the department to establish an annual registration fee for a manufacturers or dealers of motorboats in the state of Kentucky. This administrative regulation establishes fees and terms for licenses, permits, registrations, and tags.
History: 301 KAR 005:022. 18 Ky.R. 3556; 19 Ky.R. 391; eff. 7-22-1992; 21 Ky.R. 71; 1297; eff. 9-28-1994; 23 Ky.R. 1619; 2460; 12-11-1996; 24 Ky.R. 646; eff. 11-12-1997; 2754; eff. 8-17-1998; 26 Ky.R. 2021; 27 Ky.R. 76; eff. 7-17-2000; 3342; 28 Ky.R. 364; eff. 8-15-2001; 2425; 29 Ky.R. 435; eff. 8-12-2002; 1323; eff. 1-16-2003; 30 Ky.R. 695; 2570; 12-5-2003; 31 Ky.R. 350; eff. 8-26-2004; 841; eff. 1-4-2005; 1719; eff. 6-8-2005; 32 Ky.R. 944; eff. 2-3-2006; 33 Ky.R. 522; 1100; 1297; eff. 11-8-2006; 3456; eff. 8-6-2007; 34 Ky.R. 852; 1396; eff. 12-12-2007; 34 Ky.R. 2224; 35 Ky.R. 555; eff. 9-12-2008; 1508; eff. 3-6-09; 36 Ky.R. 1105; eff. 4-2-2010; 37 Ky.R. 1754; eff. 4-1-2011; 38 Ky.R. 1903; 39 Ky.R. 56; 208; eff. 8-2-2012; 40 Ky.R. 655; 1096; 1250; eff. 1-3-2014; 43 Ky.R. 2038; 44 Ky.R. 58; eff. 7-6-2017; 44 Ky.R. 58, 794, 1516; eff. 2-2-2018; 45 Ky.R. 755, 1186; eff. 12-7-2018; 45 Ky.R. 1186, 2722; eff. 5-31-2019; Recodified from 301 KAR 003:022; eff. 1-13-2023; 49 Ky.R. 1664, 2094; eff. 6-8-2023; 50 Ky.R. 2296; 51 Ky.R. 271; eff. 11-5-2024; 51 Ky.R. 1317, 1780; eff. 6-18-2025; 52 Ky.R. 304, 737; eff. 11-6-2025.

301 KAR 5:030 Purchasing licenses and permits {#sec-301-kar-5-030 omnilex-key=us-ky-regs-official--title-301--301 KAR 5:030}

Section 1. Purchasing Licenses or Permits.

(1) Licenses or permits may be obtained:

(a) At license agent locations;

(b) At other department sponsored or approved sites or events;

(d) By Phone. Phone sales customers shall be issued an authorization number and shall comply with Section 2 of this administrative regulation.

(2) A person buying a license or permit shall submit to the license agent the applicant's:

(a) Date of birth;

(b) One (1) of the following identification numbers:

Social Security number; or
Fish and Wildlife Identification number;

(d) Email or phone number;

(e) If purchasing a senior license, proof of age; and

(f) If purchasing a disability license, an unexpired disability authorization issued by the department to the license applicant.[

Section 2. Proof of License or Permit.

(1) Before performing an act authorized by the license or permit, the holder shall keep proof of license or permit purchase, whether printed, electronic, or department issued authorization number in possession at all times while performing any act authorized by the license or permit;

(2) A license or permit not completed as established in this section shall not be valid.

(3) A senior combination license shall not be valid unless accompanied byproof of age and Kentucky residency, if the license recipient is age sixty-five (65) or over.

(4) A disability combination license shall not be valid unless accompanied by proof of Kentucky residency.

(5) The authorization number shall serve in lieu of the paper or electronic license or permit. A person using an authorization number as proof of license or permit, while performing an act authorized by the license or permit, shall carry and present upon request to a law enforcement officer:

(a) The authorization number; and

(b) If sixteen (16) years of age or older, identification with a picture and date of birth.

(6) A person using an authorization number in lieu of a deer, elk, or turkey permit shall:

(a) Before hunting, write the person's name, address, and applicable authorization number on a card;

(b) Immediately after taking an animal, write the date the animal was taken, the species, and the sex of the animal on the card;

(d) If the carcass is out of the hunter's possession, attach another card to the carcass containing the hunter's name, address, authorization number, date the animal was taken, species, and telecheck authorization number, if already obtained; and

(e) Present to a law enforcement officer, upon request, the information applicable as established in this subsection.

Section 3. Reprint or Refunding of Licenses or Permits.

(1) A person whose license or permit is lost or destroyed may:

(a) Reprint the license or permit using the reprint option available in the customer's profile on the department's Web site at https://app.fw.ky.gov/Myprofile/default.aspx or mobile application; or

(b) Ensure an electronic version is available as established in Section 2 of this administrative regulation.

(2) A person may request a refund for a license or permit by:

(a) Requesting a refund from the license agent who completed the transaction if the request is made within four (4) hours of the license or permit issuance; or

(b) For duplicate licenses or permits, by submitting to the department the license or permit holder's:

Identification number used to purchase;
Date of birth;
Last name;
Mailing address to send the refund;
License, permit, or authorization number of the original license or permit; and
Reason for refund request.

(3) Upon receipt of the refund request, and subsequent verification of the original purchase, the department shall issue a refund check for the license or permit purchased.

Section 4. Buying Licenses or permits for Another. A person purchasing a license or permit for another person shall provide the information about the person for whom the license is being purchased as required in Section 1 of this administrative regulation. A person other than a parent or guardian shall not purchase a junior hunting license for another person.

Section 5. Obtaining a Disability Authorization.

(1) To verify that the applicant qualifies for a combinationdisabled license because of a disability as established in KRS 150.175, a person shall provide the department proof of Kentucky residency and one (1) of the following:

(a) A paper or electronic verification from the applicant's local federal Social Security office certifying the applicant is receiving disability benefits from Social Security;

(b) A copy of his disability rating showing at least a fifty (50) percent military service-connected disability;

(c) A letter of verification from the United States Railroad Retirement Board certifying that the applicant has been declared totally and permanently disabled;

(d) A letter, on that state board's letterhead, certifying that the applicant has been declared totally and permanently disabled by another state's workers' compensation board;

(e) A letter of verification from the Kentucky Teachers' Retirement System certifying that the applicant has been declared totally and permanently disabled from teaching; or

(f) A letter of verification from the U.S. Office of Personnel Management certifying that the applicant has been declared totally and permanently disabled.

(2) A person declared totally and permanently disabled by the Kentucky State Workers' Compensation Board shall:

(a) Obtain a Disability Workers Compensation Exemption form from the department; and

(b) Complete the form and mail it to the address given on the form.

(3) Upon receipt of the verification required by subsection (1) of this section or upon receipt of verification from the state Worker's Compensation Board, the department shall issue an authorization certifying the person is eligible to purchase a disabled combination license.

Section 6.

(1) Duration of Disability Exemption. Certification by the Social Security Administration, Kentucky Teachers' Retirement System, or a state worker's compensation board shall remain valid for three (3) years after issue of the disability authorization.

(2) Certification by the United States Railroad Retirement Board, U.S. Office of Personnel Management, or certification of at least fifty (50) percent military service-connected disability shall remain valid until the license holder turns sixty-five (65) years of age or no longer requires the disability exemption.

History

RELATES TO: KRS 150.090, 150.170, 150.175, 150.195, 150.235, 150.990
STATUTORY AUTHORITY: KRS 150.170, 150.175, 150.195
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.195(1) authorizes the department to promulgate administrative regulations pertaining to the issuance of licenses and permits. KRS 150.175 authorizes the department to require proof of residency and age or disability for those eligible to purchase a senior or disabled combination license. This administrative regulation establishes the information required to purchase a license or permit, the method of purchasing a license or permit, reprinting or refunding licenses or permits, and how to obtain a disability authorization.
History: 22 Ky.R. 1750; Am. 2001; eff. 5-16-1996; 25 Ky.R. 602; 1036; eff. 11-18-1998; 26 Ky.R. 2303; 27 Ky.R. 492; eff. 8-14-2000; 3345; eff. 8-15-2001; 30 Ky.R. 2347; eff. 7-14-2004; 33 Ky.R. 1894; eff. 4-6-2007; 4224; eff. 8-31-2007; 48 Ky.R. 911, 2589; eff. 6-9-2022.

301 KAR 5:040 Migratory Bird Harvest Information Program {#sec-301-kar-5-040 omnilex-key=us-ky-regs-official--title-301--301 KAR 5:040}

Section 1. Definition. "The Migratory Bird Harvest Information Program" means an online survey that a person completes prior to legally hunting waterfowl or migratory shore or upland game birds.

Section 2.

(1) Prior to hunting waterfowl or migratory shore or upland game birds, a person shall obtain a Migratory Bird Harvest Information Program verification number by completing the Migratory Bird Harvest Information Program Survey on the department's Web site at fw.ky.gov.

(2) A person shall possess the survey verification number established in subsection (1) of this section while hunting waterfowl or migratory shore and upland game birds.

Section 3. Incorporation by Reference.

(1) The "Migratory Bird Harvest Information Program Survey" form, 2016 edition, is incorporated by reference.

(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 at app.fw.ky.gov/myprofile/default.aspx?red=HipSurvey.

History

RELATES TO: KRS 150.235, 150.603(1), (2)
STATUTORY AUTHORITY: KRS 150.195(1), 50 C.F.R. 20.20
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.195(1) authorizes the Kentucky
History: 23 Ky.R. 3457; Am. 3755; eff. 5-14-1997; 28 Ky.R. 2057; eff. 5-16-2002; 42 Ky.R. 2497; 43 Ky.R. 206; eff. 8-4-2016; 50 Ky.R. 2103; 51 Ky.R. 40; eff. 7-18-2024.

301 KAR 5:100 Interstate Wildlife Violator Compact {#sec-301-kar-5-100 omnilex-key=us-ky-regs-official--title-301--301 KAR 5:100}

Section 1. Definitions.

(1) "Citation" means any summons, complaint, ticket, penalty assessment, or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order that requires the person to respond.

(2) "Collateral" means any cash or other security deposited to secure an appearance for trial, in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.

(3) "Compliance" means:

(a) The act of answering a citation through appearance at a court or tribunal;

(b) Payment of fines, costs, and surcharges, if any; or

(4) "Conviction" means:

(a) A conviction, including any court conviction, of any offense related to the preservation, protection, management, or restoration of wildlife prohibited by state statute, law, administrative regulation, ordinance, or administrative rule;

(b) A forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any offense;

(d) A plea of nolo contendere; or

(e) The imposition of a deferred or suspended sentence by the court.

(5) "Home state" means the state of primary residence of a person.

(6) "Issuing state" means the party state that issues a wildlife citation to the violator.

(7) "License" means any license, wildlife permit, or other public document that conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, administrative regulation, ordinance, or administrative rule of a party state.

(8) "Licensing authority" means the department within each party state authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.

(9) "Party state" means any state that enacts legislation to become a member of the Interstate Wildlife Violator Compact.

(10) "Personal recognizance" means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation.

(11) "State" means any state, territory, or possession of the United States.

(12) "Suspension" means any revocation, denial, or withdrawal of any or all license privileges or rights, including the privilege or right to apply for, purchase, or exercise the benefits conferred by any license.

(13) "Terms of the citation" means those conditions and options expressly stated upon the citation.

(14) "Wildlife" means:

(a)

All species of animals, including mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans; and
Food, fish, and shellfish; and

(b) That are:

Defined as wildlife, food fish, or shell fish in that specific jurisdiction; and
Protected by or otherwise regulated by statute, administrative regulation, ordinance, or administrative rule in that specific jurisdiction.

(15) "Wildlife law" means any statute, law, administrative regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof.

(16) "Wildlife officer" means any individual authorized by a party state to issue a citation for a wildlife violation.

(17) "Wildlife violation" means any cited violation of a statute, law, administrative regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof.

Section 2. Procedures for the Issuing State.

(1) If issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state and shall not require the person to post collateral to secure appearance, subject to the exceptions established in subsection (2) of this section, if the officer receives the person's personal recognizance that the person shall comply with the terms of the citation.

(2) Personal recognizance shall be acceptable if:

(a) Not prohibited by local law or the compact manual adopted by the Kentucky Department of Fish and Wildlife Resources; and

(b) The violator provides adequate proof of the violator's identification to the wildlife officer.

(3) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report shall be made in accordance with procedures of the issuing state and shall contain the information established in the Compact Manual.

(4) Upon receipt of the report of conviction or noncompliance required by subsection (3) of this section, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in a form and content as established in the Compact Manual.

Section 3. Procedures for Home State.

(1) Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, shall initiate a suspension action in accordance with the home state's suspension procedures, and shall suspend the violator's license privileges or rights until satisfactory evidence of compliance with the terms of the wildlife citation has been submitted by the issuing state to the home state licensing authority. Due process rights shall be provided to any person who is issued a citation pursuant to this administrative regulation.

(2) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter the conviction in its records and shall treat the conviction as if it occurred in the home state for the purposes of the suspension of license privileges.

(3) The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as established in the Compact Manual.

Section 4. Reciprocal Recognition of Suspension. All party states shall recognize the suspension of license privileges or rights of any person by any state as if the violation on which the suspension is based had in fact occurred in the state and would have been the basis for suspension of license privileges or rights in the reciprocal state.

Section 5. The commissioner shall designate a department representative who shall serve as the department's compact administrator.

Section 6. Appeals.

(1) A person who is convicted pursuant to this administrative regulation or who is found to have committed a violation in another state that warrants the department denying a hunting license, fishing license, trapping license, or any wildlife permit, may appeal the decision and request in writing an administrative hearing within thirty (30) days of the denial.

(2) Upon receipt of a written request for an administrative hearing, the department shall set the date, time, and place of the hearing and shall notify the person by regular U.S. mail.

(3) An administrative hearing conducted pursuant to this section shall be held in accordance with KRS Chapter 13B.

Section 7. Effective Dates of Suspensions. Only violations that are committed on or after April 4, 2008, and resulting suspensions, shall be subject to the provisions of the compact.

Section 8. Incorporation by Reference.

(1) "Compact Manual", 2/08, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Ky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 150.236
STATUTORY AUTHORITY: KRS 150.025, 150.236, 150.238
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to establish administrative regulations necessary to carry out the purpose of KRS Chapter 150. KRS 150.236 authorizes the department to promulgate administrative regulations regarding the suspension of hunting or fishing privileges for persons whose hunting or fishing privileges have been suspended or revoked by other jurisdictions. KRS 150.238 authorizes the department to enter into reciprocal agreements with other states regarding fish and wildlife violations. This administrative regulation establishes the provisions of a reciprocal interstate Wildlife Violator Compact.
History: 34 Ky.R. 1309; 2090; eff. 4-4-2008; 48 Ky.R. 913, 2591; eff. 6-9-2022.

301 KAR 5:200 Special commission permits for incorporated nonprofit wildlife conservation organizations {#sec-301-kar-5-200 omnilex-key=us-ky-regs-official--title-301--301 KAR 5:200}

Section 1. Definitions.

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

(a) Has a stated 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 such as shooting sports, hunter and angler education and training, and boating ;

(b) Holds status as a nonprofit organization pursuant to 26 U.S.C. Section 501(c)(3) andis incorporated under the laws of this state or any other state; or

(c) Is an affiliated regional, state, or local chapter of a parent organization that meets the requirements of subsection (1)(b) of this section.

(2) "Proceeds" means the amount of money received by an incorporated nonprofit wildlife conservation organization from the sale or transfer of a special commission permit minus all expenses directly attributable to the sale of the permit.

(3) "Project" means an enterprise designed to achieve stated purposes, which shall conserve and enhance fish and wildlife resources within Kentucky by enhancing habitat or providing opportunities for hunting, fishing, trapping, wildlife education, habitat enhancement, or related activities such as shooting sports, hunter and angler education and training, and boating.

(4) "Special commission permit" means a permit issued by the Kentucky Fish and Wildlife Commission to an incorporated nonprofit wildlife conservation organization for fundraising that allows the assigned permit holder to perform the acts applicable to the permit as follows:

(a) For deer permits, harvest one (1) additional deer of either sex;

(b) For wild turkey permits, harvest one (1) additional turkey of either sex;

(c) For elk permits, harvest one (1) elk of either sex, except that an individual shall not harvest more than one (1) elk per license year;

(d) For black bear permits, harvest one (1) additional black bear of either sex; or

(e) For waterfowl permits, receive priority hunt dates and location selection for public area waterfowl hunting.

Section 2. Issuance and Sale of Special Commission Permit.

(1) There shall be no more than ten (10) special commission permits issued per species per license year.

(2) An incorporated nonprofit wildlife conservation organization may apply for one (1) special commission permit per species by submitting, through the online Special Commission Permit Submission Portal at https://app.fw.ky.gov/commission, the following information:

(a) Organization Name;

(b) Mailing address;

(d) Phone number;

(e) Email Address;

(f) Permit types requested;

(g) Proposed method of selling the permits;

(h) Estimated dollar amount to be raised through the sale of permits requested;

(i) Rationale for the estimate;

(j) Fund-raising history;

(k) Prior experience with conservation projects;

(l) Description of proposed conservation project for which the funds will be used;

(m) Analysis of who will primarily benefit from the proposed project;

(n) List of tangible goods intended for purchase which will not be expended during the project, if applicable;

(o) Who will maintain ownership of any tangible items remaining after the project is completed, and how they will be used for the reasonable life of those items;

(p) Explanation of how the proposed project is intended to enhance fish and wildlife, habitats, fish and wildlife education, or fish and wildlife related recreation in Kentucky;

(q) Internal Revenue Service Employer Identification Number (EIN) under which the organization is applying; and

(r) Parent Organization name, if the organization is applying as an affiliated regional, state, or local chapter thereunder.

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

(4) No more than one (1) of each special commission permit type shall be awarded per distinct Internal Revenue Service Employer Identification Number (EIN) per year.

(5) The organization shall also submit, through the online Special Commission Permit Submission Portal at https://app.fw.ky.gov/commission, the following supporting documents:

(a) A copy of the organization's articles of incorporation;

(b) A copy of the Internal Revenue Service determination letter establishing the organization's current tax-exempt status, including the applicant's Employer Identification Number (EIN);

(c) A copy of the organization's bylaws that state the purposes of the organization, if the purposes of the organization are not stated in the articles of incorporation; and

(d) A letter, dated within ninety (90) days of submission, from the organization's parent organization, if applicable, stating that the chapter organization is in good-standing and is recognized by the parent organization.

(6) The deadline for submission of the application and all supporting documents is May 1 of each year.

(7) Organizations shall be disqualified from eligibility for the criteria listed in paragraphs (a) through (d) of this subsection:

(a) Failure to submit the required information and supporting documents to the department by the deadline established in subsection (6) of this section;

(b) Failure to qualify as an incorporated nonprofit wildlife conservation organization; or

Sell a special commission permit awarded in the previous two (2) years;
Comply with the requirements of subsections (11)(b) and 11(c) of this section during the previous two (2) years;
Timely submit, during the previous two (2) years, for each permit received by the organization:

a. All the information required by subsection (11)(d) of this section; or

b. The name of the person who purchased the permit; and

c. A statement that the organization attempted to obtain the hunter information required by subsection (11)(d) of this section but was not supplied all the information prior to the applicable submission deadline;

Timely submit the information required by subsection 11(g) of this section for the calendar year for a given application; or
Submit by May 1 of the current calendar year, the information required for the previous calendar year by subsection 11(g) of this section if the information was not provided timely.

(8) Prior to selecting organizations to receive special commission permits for the current year, the Fish and Wildlife Commission shall review and consider all information and documents submitted by each wildlife conservation organization that has not been disqualified pursuant to subsection (7) of this section.

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

(a) Past compliance; and

(b) History of funds generated.

(10) The Fish and Wildlife Commission shall select organizations to receive permits based on the information listed in subsection (9) of this section and the information contained within the organization's submission.

(11) An incorporated nonprofit wildlife conservation organization that is awarded a special commission permit shall:

(a) Generate proceeds through the sale of each permit awarded;

(b) Use the proceeds within Kentucky, only for the project listed in the application, and not for ordinary operational costs of the organization;

(c) Remit to the department any proceeds from the sale of the permits that are not expended by the May 1 reporting deadline three (3) years after the submission deadline for which the special commission permits were awarded;

(d) Submit to the department, through the online Special Commission Permit Submission Portal at https://app.fw.ky.gov/commission, the information listed in subparagraphs 1. through 4. of this paragraph for the hunter to whom the permit shall be issued.

Name;
Address;
A copy of the hunter's valid Kentucky Hunting license; and
For waterfowl, the requested location and date of the hunt.

(e) The information to be submitted, as established in paragraph (d) of this section, shall be submitted to the department no later than the following dates during the license year for which the permit is valid:

March 1 for turkey;
August 1 for elk;
August 1 for deer;
September 1 for black bear; and
September 1 for waterfowl.

(f) Failure to submit the required information by the applicable deadline shall result in no permit being issued.

(g) Submit to the Department of Fish and Wildlife Resources, through the online Special Commission Permit Submission Portal at https://app.fw.ky.gov/commission, by May 1 of the following year, and each subsequent year until all funds generated by the sale of the permit are expended or remitted to the department, a report, subject to audit, that includes:

A financial statement containing:

a. Total funds raised from the sale of each permit;

b. A detailed list of expenditures directly attributable to the sale of each permit;

c. Net proceeds after expenditures used in fundraising, if applicable;

d. A detailed list of expenditures attributable to the conservation project with a receipt for each expenditure; and

e. Balance of funds remaining;

A summary of the conservation project; and
A synopsis of the project's impact in regards to the goals stated.

(12) Once a special commission permit has been issued to a hunter, it shall not be transferred to another hunter.

Section 3. Special Permit Use.

(1) A special permit shall only be valid for the:

(a) Individual named on the permit;

(b) Game animals listed on the permit; and

(c) First season for designated game animals in the license year following the commission meeting that the special permit was awarded.

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

(3) A holder of a special commission permit to hunt deer may hunt on any Wildlife Management Area during an open deer season or quota hunt pursuant to 301 KAR 2:178, for which they are otherwise eligible to participate, 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

(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) Pursuant to 301 KAR 2:222, a holder of a special commission permit to hunt waterfowl may, subject to the timely submission of all applicable information by the wildlife conservation organization, hunt on Ballard, Boatwright, or Sloughs Wildlife Management Areas from one (1) of the areas' hunting units during one (1) of the available hunt periods established by the department.

(6) Each special commission permit to hunt elk shall be randomly assigned an elk hunting unit at the time of the selection of the wildlife conservation organizations to be awarded special commission permits. Each elk hunting unit shall be assigned once prior to assigning a second permit to the unit. An elk hunting unit shall not be assigned more than two (2) permits. The permit holder shall be allowed to hunt in the assigned elk hunting unit on private land with permission from the landowner, or on Department owned or managed lands that are the subject of public access agreements between the landowners and the department. The permit holder shall also be allowed to hunt in any other elk hunting unit with private landowner permission, consistent with any applicable requirements established in 301 KAR 2:132 and 301 KAR 2:030, on private land that is not open for public hunting through a hunter access area agreement, voucher-cooperator agreement, or wildlife management area agreement between the landowner and the department.

History

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 Kentucky Department of Fish and Wildlife Resources 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 for fundraising if proceeds of the sale are used in Kentucky. KRS 150.195(1) requires 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.
History: 27 Ky.R. 2957; eff. 6-8-2001; 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; 45 Ky.R. 1083, 1521; eff. 12-14-2018; 46 Ky.R. 1303; eff. 4-1-2020; Recodified from 301 KAR 3:100, 11-15-2023; 50 Ky.R. 1371, 1887; eff. 6-4-2024.

301 KAR 5:210 Special agency fundraising permits {#sec-301-kar-5-210 omnilex-key=us-ky-regs-official--title-301--301 KAR 5:210}

Section 1. Definitions.

(1) "Elk hunt sweepstakes permit" means a permit that allows the holder to harvest one (1) elk of either sex.

(2) "Immediate family" means a person's spouse, mother, father, daughter, brother, sister, grandparent, or son.

(3) "Premium combination big game permit" means a permit that allows the holder to lawfully take during the year of selection, one (1) elk of either sex and, in addition to the statewide harvest limits, the following species: one (1) deer of either sex, one (1) bear of either sex; and in the spring turkey season the year after selection, one (1) legal spring turkey.

(4) "Proceeds" means the amount of money received from the sale of applications for special agency fundraising permits.

(5) "Special Agency Fundraising Permit" means a Kentucky hunting permit subject to a special application and drawing process to select the holder, that includes privileges to take specified big game animals when used in conjunction with a statewide annual hunting license.

(6) "Standard combination big game permit" means a permit that allows the holder to lawfully take, in addition to the statewide harvest limits, the following species: one (1) deer of either sex, one (1) bear of either sex, and one (1) legal spring turkey.

Section 2. Application and Drawing Process.

(1) The application period shall be August 1 of the year preceding through May 30 (midnight eastern time) of the year in which the drawing occurs.

(2) An applicant shall:

(a) Complete the application process on the department's Web site at fw.ky.gov, in accordance with Section 1 of 301 KAR 5:030; and

(b) Pay the applicable nonrefundable application fee for the permit desired, as follows:

For elk hunt sweepstakes permit and premium combination big game permits:

a. Five (5) dollars for residents and ten (10) dollars for nonresidents for one (1) application;

b. Ten (10) dollars for residents and twenty (20) dollars for nonresidents per bundle of three (3) applications; and

c. Twenty-five (25) dollars for residents and fifty (50) dollars for nonresidents per bundle of ten (10) applications.

For standard combination big game permits:

a. Three (3) dollars for residents and six (6) dollars for nonresidents for one (1) application;

b. Eight (8) dollars for residents and sixteen (16) dollars for nonresidents per bundle of three (3) applications; and

c. Twenty (20) dollars for residents and forty (40) dollars for nonresidents per bundle of ten (10) applications.

(3) An applicant may purchase an unlimited number of applications or bundles of applications.

(4) The number of special agency fundraising permits available per year shall be:

(a) One (1) elk sweepstakes permit for a resident or nonresident holder;

(b) One (1) premium combination big game permit for a resident or nonresident holder;

(d) One (1) standard combination big game permit for a nonresident.

(5) There shall be a random electronic drawing conducted subsequent to the general elk hunt drawing each year. This drawing shall be taken from among applications in each applicant pool for the corresponding special agency fundraising permits available for that fall's hunting seasons.

(a) Each drawing shall be sequential, in the following order:

The elk hunt sweepstakes first;
The premium big game permit second; and
The standard combination big game permit, for selection of resident and nonresident permit holders, third.

(b) If an individual applicant is selected for the elk hunt sweepstakes permit or the premium combination big game permit, that applicant shall be removed from the other special agency fundraising permits applicant pools prior to the drawings to determine the holders of those other permits.

(6) The commissioner shall extend the application deadline if technical difficulties with the application system prevent applications from being accepted for one (1) or more days during the application period.

(7) An applicant who is selected for a Kentucky elk hunt sweepstakes permit shall be ineligible to receive the elk hunt sweepstakes permit in any subsequent drawing.

(8) A person subject to a waiting period resulting from being selected in the general Kentucky Elk Hunt Drawing shall be eligible to apply for special agency fundraising permits.

Section 3. Issuance and Use of Permits.

(1) Upon conclusion of the drawing process for special agency fundraising permits, the department shall announce the drawing results on the agency Web site and issue the permits to the recipients, subject to any applicable deferrals or transfers as described in Section 4 of this administrative regulation, prior to the first hunting season for which the permits are applicable.

(2) A permit holder shall only take animals:

(a) Through the use of legal hunting equipment; and

(b) During the normal season dates for which take is otherwise allowed.

(3) A permit holder shall carry proof of purchase of a valid Kentucky hunting license, unless exempted from the requirement to be licensed in accordance with KRS 150.170.

(4) The holder of a permit that allows take of an elk shall comply with the statewide bag limit of one (1) elk per hunter per license year and other requirements in 301 KAR 2:132.

(5) The holder of a special agency fundraising permit that includes privileges to take elk may use the permit in any elk hunting unit open to hunting during any open elk hunting season on:

(a) Private land with permission from the landowner; or

(b) Lands that are:

Owned or managed by the department; and
The subject of public access agreements between the landowners and the department.

(6) The permit holder referenced in subsection (5) shall only use methods allowed during the season segment that is open while he or she is hunting, as established in 301 KAR 2:132.

Section 4. Deferral or Transfer of Permits.

(1) A recipient of a special agency fundraising permit that includes privileges to take elk in Kentucky may:

(a) Defer use of the elk hunting privilege included in the permit for one (1) year if he or she has previously obtained an elk permit of any kind for use during the Kentucky elk hunting season to which the special agency fundraising permit pertains; or

(b) Transfer use of the elk hunting privilege included in the permit to one (1) member of his or her immediate family for use during any hunting season to which the permit pertains.

(2) A holder wishing to transfer or defer use of the elk hunting privilege included in a permit shall contact the office of the commissioner in writing, no later than July 31 of the year in which he or she is selected through the drawing for the permit.

Section 5. Goods or Services May Be Included. The department may obtain goods or services of interest to prospective applicants, through purchase, donation or sponsorship, to incentivize applications for a special agency fundraising permit. The recipient of the permit shall also receive applicable goods or services included in the drawing for a permit, as posted on the agency Web site, except that a recipient may refuse an applicable good or service at his or her choosing.

Section 6. Use of Fees. Fees from the sale of special agency fundraising permits shall be deposited into the department's restricted Fish and Game Fund account and used solely for agency operational expenditures.

History

RELATES TO: KRS 150.025, 150.175, 150.195
STATUTORY AUTHORITY: KRS 150.025, 150.195
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations to establish hunting seasons, bag limits, and the methods of taking wildlife. KRS 150.175 requires the department to establish game permits to be used in combination with a statewide hunting license or valid youth statewide license, as well as requirements on how those permits are to be used. KRS 150.195(1) requires the department to promulgate administrative regulations pertaining to the issuance of, and other matters relating to, licenses and permits issued by the department. This administrative regulation establishes the requirements for the issuance and use of Special Agency Fundraising Permits.
History: 50 Ky.R. 2113; 51 Ky.R. 41; eff. 7-18-2024.

Chapter 6 Water Patrol

301 KAR 6:001 Definitions for 301 KAR Chapter 6 {#sec-301-kar-6-001 omnilex-key=us-ky-regs-official--title-301--301 KAR 6:001}

Section 1. Definitions.

(1) "Adequate ventilation" means ventilation that meets Boating Industry Association and U.S. Coast Guard requirements at the time the vessel was manufactured.

(2) "Airborne device" means a kite, parachute, or similar device that holds a person aloft while towed behind a moving vessel.

(3) "Boat dealer" means a person who is in the business of selling motorboats in Kentucky, other than a personal boat.

(4) "Boat manufacturer" means a person who is in the business of manufacturing boats in Kentucky.

(5) "Class A" means vessels less than sixteen (16) feet in length or a personal watercraft as defined in KRS 235.010(4).

(6) "Class 1" means vessels sixteen (16) feet or more, but less than twenty-six (26) feet in length.

(7) "Class 2" means vessels twenty-six (26) feet or more, but less than forty (40) feet in length.

(8) "Class 3" means vessels forty (40) feet or more in length.

(9) "Crossing" means a situation in which a vessel approaches another from an angle of 112.5 degrees or less from either side of the bow.

(10) "Dealer or manufacturer certificate" means the certificate issued to a boat manufacturer or boat dealer that bears an identification number assigned by the department signifying registration as a boat manufacturer or a boat dealer.

(11) "Documented by the federal government" means a vessel that has been registered with, and issued official registration documents by, the United States Coast Guard.

(12) "Electric trolling motor" means an electric motor equal to or less than three (3) horsepower, one and three-tenths (1.3) kilowatts input power, or 120 pounds of thrust.

(13) "Engine cut-off switch" means an operable emergency cut-off engine stop switch installed on a motorboat and that attaches to the motorboat operator by an engine cut-off switch link.

(14) "Engine cut-off switch link" means the lanyard or wireless cut-off device used to attach the motorboat operator to the engine cut-off switch installed on the motorboat.

(15) "Hydrofoil" means a vessel that consists of a board fitted with a mast extending below the board that is attached to a fuselage with a forward wing and a rear stabilizer.

(16) "Idle speed" means the slowest possible speed at which maneuverability can be maintained.

(17) "International diving flag" means a red flag with a white stripe running diagonally from an upper corner to the opposite lower corner.

(18) "Law enforcement vessel" means any vessel used by a law enforcement agency for law enforcement purposes.

(19) "Length" means the longest dimension of a boat measured along the centerline from the bow to the stern but does not include outboard motors, swim platforms, or similar attachments.

(20) "Manually propelled racing vessel" means a racing shell, rowing scull, racing canoe, or racing kayak recognized by national or international racing associations for use in competitive racing, and not carrying or having been designed to carry equipment, except that which is solely for competitive racing.

(21) "Mechanically propelled personal hydrofoil" also known as an e-foil, means a vessel that consists of a board fitted with a mast extending below the board that is attached to a fuselage with a forward wing, rear stabilizer, and electric or internal combustion engine.

(22) "Mechanically propelled surfboard" also known as a jet board, means a vessel that consists of a board using a surfboard-type design fitted with propulsion machinery (either electric or internal combustion).

(23) " Navigable waters" means a navigable waterway as defined by 33 C.F.R. Part 329.

(24) " Non-navigable waters" means all waters not defined by 33 C.F.R. Part 329.

(25) "Overtaking" means a situation in which a faster vessel approaches a slower vessel from an angle of more than 112.5 degrees from either side of the bow of the slower vessel.

(26) "Passing" means a situation in which vessels approach and pass each other from head on or nearly so.

(27) "Personal flotation device or PFD" means any lifesaving device classified and approved by the regulations of the commandant of the U.S. Coast Guard.

(28) "Plate" means a moveable identification tag bearing a number assigned by the department signifying registration as a boat manufacturer or a boat dealer.

(29) "Public safety vessel" means any vessel used for emergency purposes by organizations listed in KRS 189.910(1),(2).

(30) "Recreational vessel" means a vessel that is not documented as commercial by the U.S. Coast Guard.

(31) "Throwable personal flotation device" means a PFD designed to be thrown to someone in the water.

(32) "Vessel" means every description of watercraft, other than a seaplane on the water.

(33) "Wakeboat" means a motorboat that has one (1) or more ballast tanks, ballast bags, other devices, design features, or utilizes other methods specifically to increase the size of the motorboat's wake.

(34) "Wakesports" means a recreational boating activity utilizing a wakeboat with ballast tanks, ballast bags, other devices, design features, or other methods engaged to increase the size of the boat's wake.

(35) "Water skis" means rigid or inflatable skis, kneeboards, tubes, wakeboards, or similar devices.

(36) "Water skiing" means:

(a) The act of riding in or upon water skis while being towed behind a moving vessel or propelled by a boat's wake or while riding on or in a boat's wake directly behind a vessel that is underway; or

(b) Barefoot skiing.

(37) "Wearable personal flotation device" means a PFD designed to be worn or otherwise attached to the body.

(38) "Wireless cut-off system" means an operable wireless emergency cut-off engine stop switch installed on a motorboat.

History

RELATES TO: KRS Chapter 235, 33 C.F.R. 175.15
STATUTORY AUTHORITY: KRS 235.280
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 235.280 requires the Department of Fish and Wildlife Resources to promulgate administrative regulations to govern the fair, reasonable, equitable, and safe use of all waters of Kentucky and to carry out the purposes of KRS Chapter 235. This administrative regulation establishes definitions for terms used in 301 KAR Chapter 6. 46 U.S.C. Chapter 131 requires the state to comply specific elements of applicable federal laws and regulations which specify requirements for States RBS Program. 33 C.F.R. 175.13 defines wearable and throwable PFDs.
History: 301 KAR 006:001. 21 Ky.R. 3091; eff. 7-12-1995; Am. 22 Ky.R. 1683; eff. 5-16-1996; 48 Ky.R.915, 2033; eff. 4-5-2022; 49 Ky.R. 2128; 50 Ky.R. 650; eff. 9-21-2023; 52 Ky.R. 1041, 1521; eff. 6-2-2026.

301 KAR 6:010 Vessel numbering and registration {#sec-301-kar-6-010 omnilex-key=us-ky-regs-official--title-301--301 KAR 6:010}

Section 1. Vessel Numbering.

(1) Except as provided in subsection (2) of this section, the identification numbers assigned to Kentucky registered motorboats shall consist of three (3) letter and number groupings as follows:

(a) The first grouping shall consist of the letters "KY".

(b) The second grouping shall consist of not more than four (4) Arabic numbers.

(d) The letters "I", "O", and "Q" shall not be used.

(2) Boats having valid federal documentation papers shall not be assigned or required to display a Kentucky identification number.

(3) Motorboats not documented by the federal government and owned exclusively by agencies of a state government shall display registration numbers as prescribed by KRS 235.110.

(a) State government agencies shall apply to the Department of Transportation for registration numbers.

(b) Display of validation decals or subsequent renewal of certification shall not be required.

(c) If an agency transfers ownership of a motorboat to another agency of state government, the agency receiving the motorboat shall apply to the Department of Transportation for a new certificate number.

(d) If an agency transfers ownership of a motorboat to other than an agency of state government:

The agency shall surrender the registration number; and
The current owner shall apply for a registration number pursuant to KRS 235.50.

Section 2. Validation Decals.

(1) Persons shall not operate motorboats without a current-year validation sticker attached to the vessel within six (6) inches aft of and in line with the registration number on both sides of the bow.

(2) Expired validation stickers shall be removed.

History

RELATES TO: KRS 235.040, 235.050, 235.100, 235.110, 235.120, 235.140, 235.150, 235.210
STATUTORY AUTHORITY: KRS 235.280, 235.320
NECESSITY, FUNCTION, AND CONFORMITY: To prescribe a uniform numbering system, the uniform placement of numbers and validation decals on vessels, and procedures to be followed by agencies exempt from registration. This administrative regulation contains the substance of 402 KAR 4:020, 4:030, and 4:035. The transfer of the Division of Water Patrol to the Department of Fish and Wildlife Resources necessitates that existing administrative regulations be repealed by the Department of Natural Resources and repromulgated by the Department of Fish and Wildlife Resources. Changes in format and wording were made to reflect the current requirements of KRS Chapter 13A.
History: 21 Ky.R. 3092; eff. 7-12-95; Crt eff. 2-5-2020.

301 KAR 6:015 Boat and motor restrictions {#sec-301-kar-6-015 omnilex-key=us-ky-regs-official--title-301--301 KAR 6:015}

Section 1.

(1) On a lake established in subsection (2) of this section, a person shall not operate a:

(a) House boat;

(b) Monohull boat with a center-line length exceeding twenty-two (22) feet; or

Guist Creek Lake, where a pontoon boat with a float or decking up to twenty-four (24) feet or a monohull boat with a center-line length up to twenty-four (24) feet and seating for at least eight (8) passengers may be operated; or
A lake established in clauses a. through c. of this subparagraph, where a pontoon boat with a float or decking up to thirty (30) feet or a monohull boat with a center-line length up to twenty-four (24) feet and seating for at least eight (8) passengers may be operated:

a. Cedar Creek Lake;

b. Lake Beshear; or

c. Lake Malone.

(2) List of lakes:

(a) Ballard WMA lakes, Ballard County;

(b) Beaver Creek Lake, Anderson County;

(d) Boatwright WMA lakes, Ballard County;

(e) Boltz Lake, Grant County;

(f) Briggs Lake, Logan County;

(g) Bullock Pen Lake, Grant County;

(h) Carnico Lake, Nicholas County;

(i) Carpenter Lake, Daviess County;

(j) Carter Caves Lake, Carter County;

(k) Cedar Creek Lake, Lincoln County;

(l) Corinth Lake, Grant County;

(m) Dennie Gooch Lake, Pulaski County;

(n) Elmer Davis Lake, Owen County;

(o) Fishpond Lake, Letcher County;

(p) Goose Lake, Muhlenberg County;

(q) Greenbo Lake, Greenup County;

(r) Guist Creek Lake, Shelby County;

(s) Island Lake, Ohio County;

(t) Kentucky River WMA, Boone Tract lakes, Henry County;

(u) Kincaid Lake, Pendleton County;

(v) Kingdom Come Lake, Harlan County;

(w) Kingfisher lakes, Daviess County;

(x) Lake Beshear, Caldwell County;

(y) Lake Chumley, Lincoln County;

(z) Lake Malone, Muhlenberg County;

(aa) Lake Mauzy, Union County;

(bb) Lake Reba, Madison County;

(cc) Lake Washburn, Ohio County;

(dd) Lebanon City Lake, Marion County;

(ee) Lincoln Homestead Lake, Washington County;

(ff) Marion County Lake, Marion County;

(gg) Martin County Lake, Martin County;

(hh) McNeely Lake, Jefferson County;

(ii) Metcalfe County Lake, Metcalfe County;

(jj) Pan Bowl Lake, Breathitt County;

(kk) Pikeville City Lake, Pike County;

(ll) Shanty Hollow Lake, Warren County;

(mm) South Lake, Ohio County;

(nn) Spurlington Lake, Taylor County; or

(oo) Wilgreen Lake, Madison County.

(3) Length restrictions in this section shall not apply to a canoe.

(4) A person shall not operate a personal watercraft, as defined by KRS 235.010(4), on Cedar Creek Lake.

Section 2.

(1) A person shall not operate a boat:

(a) Motor without an underwater exhaust; or

(b) Faster than idle speed while passing a boat with an occupant actively engaged in fishing, except in a designated skiing zone.

(2) The requirements established in subsection (1) of this section shall apply on:

(a) Beaver Lake, Anderson County;

(b) Boltz Lake, Grant County;

(d) Carnico Lake, Nicholas County;

(e) Cedar Creek Lake; Lincoln County;

(f) Corinth Lake, Grant County;

(g) Elmer Davis Lake, Owen County;

(h) Greenbo Lake, Owen County;

(i) Guist Creek Lake, Shelby County;

(j) Kincaid Lake, Pendleton County;

(k) Lake Beshear, Caldwell County;

(l) Lake Malone, Muhlenberg County;

(m) Pan Bowl Lake, Breathitt County;

(n) Shanty Hollow Lake, Warren County;

(o) Swan Lake, Ballard County; and

(p) Wilgreen Lake, Madison County.

Section 3. A person shall not operate an electric or an internal combustion boat motor on:

(1) Dennie Gooch Lake, Pulaski County;

(2) Kingdom Come Lake, Harlan County; or

(3) Lake Chumley, Lincoln County.

Section 4. A person shall not operate an internal combustion boat motor and shall only be allowed to use an electric trolling motor on:

(1) Bert Combs Lake, Clay County;

(2) Briggs Lake, Logan County;

(3) Carpenter Lake, Daviess County;

(4) Carter Caves Lake, Carter County;

(5) Fishpond Lake, Letcher County;

(6) Kentucky River WMA, Boone Tract lakes, excluding Benjy Kinman Lake, Henry County;

(7) Kingfisher Lake, Daviess County;

(8) Lake Mauzy, Union County;

(9) Lake Reba, Madison County;

(10) Lake Washburn, Ohio County;

(11) Lebanon City Lake, Marion County;

(12) Lincoln Homestead Lake, Washington County;

(13) Marion County Lake, Marion County;

(14) Martin County Lake, Martin County;

(15) McNeely Lake, Jefferson County;

(16) Metcalfe County Lake, Metcalfe County;

(17) Mill Creek Lake, Wolfe County;

(18) Pikeville City Lake, Pike County; or

(19) Spurlington Lake, Taylor County.

Section 5. A person shall not operate a motorboat faster than idle speed on:

(1) Ballard WMA lakes, Ballard County;

(2) Benjy Kinman Lake at Kentucky River WMA, Henry County;

(3) Beulah Lake, Jackson County;

(4) Boatwright WMA lakes, Ballard County;

(5) Carnico Lake, Nicholas County;

(6) Goose Lake, Muhlenberg County;

(7) Greenbo Lake, Greenup County;

(8) Island Lake, Ohio County;

(9) South Lake, Ohio County;

(10) Pan Bowl Lake, Breathitt County; or

(11) Wilgreen Lake, Madison County.

Section 6. A person operating an internal combustion motor greater than ten (10) horsepower, or an electric motor exceeding ten (10) horsepower and six (6) kilowatts input power, shall not exceed idle speed on:

(1) Beaver Lake, Anderson County;

(2) Boltz Lake, Grant County;

(3) Bullock Pen Lake, Grant County:

(4) Corinth Lake, Grant County;

(5) Elmer Davis Lake, Owen County;

(6) Herb Smith-Cranks Creek Lake, Harlan County;

(7) Kincaid Lake, Pendleton County;

(8) Martins Fork Lake, Harlan County; or

(9) Shanty Hollow Lake, Warren County.

History

RELATES TO: KRS 150.090, 150.625, 150.990, 235.010(4), 235.990
STATUTORY AUTHORITY: KRS 150.620, 235.280
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 and KRS Chapter 235 as established in KRS 150.025, KRS 235.280 and KRS 235.290 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1) and KRS 235.030, promulgated by the Commissioner with approval of the Commission in accordance with KRS 235.280 and KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.620 authorizes the department to promulgate administrative regulations governing lands and waters the department has acquired. KRS 235.280 requires the department, with approval of the Department of Fish and Wildlife Resources Commission, to promulgate administrative regulations to govern the fair, reasonable, equitable, and safe use of all waters of this state. This administrative regulation establishes size limits of boats and motors on small lakes for safety reasons and to minimize interference with other users.
History: 301 KAR 006:015. KFWR-F-SLI-1. 301 KAR 006:015. 1 Ky.R. 148; eff. 12-11-1974; 2 Ky.R. 173; eff. 11-12-1975; 3 Ky.R. 152; eff. 9-1-1976; 5 Ky.R. 595; eff. 3-7-1979; 6 Ky.R. 185; 383; eff. 1-2-1980; 7 Ky.R. 780; eff. 5-6-1981; 9 Ky.R. 495; eff. 11-3-1982; 10 Ky.R. 902; eff. 2-1-1984; 12 Ky.R. 501; eff. 12-10-1985; 1733; eff. 6-10-1986; 17 Ky.R. 1793; eff. 12-19-1990; 18 Ky.R. 735; eff. 10-22-1991; 19 Ky.R. 451; eff. 9-23-92; 1835; eff. 4-7-1993; 21 Ky.R. 487; eff. 9-28-1994; 22 Ky.R. 308; 718; eff. 10-11-1995; 27 Ky.R. 200; 745; eff. 8-24-2000; 3327; eff. 8-15-2001; 28 Ky.R. 2409; 29 Ky.R. 100; eff. 7-15-2002; 784; eff. 11-13-2002; 1676; eff. 2-16-2003; 32 Ky.R. 304; eff. 10-12-2005; 32 Ky.R. 2079; 33 Ky.R. 85; eff. 7-12-2006; 34 Ky.R. 364; 724; eff. 10-9-2007; 36 Ky.R. 860; 1198; eff. 12-11-2009; 38 Ky.R. 303; eff.10-6-2011; 39 Ky.R. 830; eff. 1-4-2013; 39 Ky.R. 2199; 8-2-2013; 41 Ky.R. 1138; 1518; eff. 2-6-2015; 42 Ky.R. 511; 1147; eff. 11-6-2015; 43 Ky.R. 315; eff. 10-6-2016; 44 Ky.R. 1873, 2205; eff 5-4-2018; 45 Ky.R. 748; eff. 12-7-2018; Recodified as 301 KAR 006:015, 8-19-2025; 52 Ky.R. 1044, 1522; eff. 6-2-2026.

301 KAR 6:020 Boating safety equipment {#sec-301-kar-6-020 omnilex-key=us-ky-regs-official--title-301--301 KAR 6:020}

Section 1. Engine Safety Equipment Requirements.

(1) Except as provided in subsection (2) of this section, a person shall not operate a vessel with an enclosed engine without effective U.S. Coast Guard-approved flame arresters on carburetors pursuant to 46 C.F.R. 25.

(2) A person may operate the following without flame arresters:

(a) An outboard engine; or

(b) A vessel with an engine completely open by design and not originally equipped with Underwriters Laboratory or U.S. Coast Guard-approved flame arresters pursuant to 46 C.F.R. 25.

(3) A person shall not operate a vessel without adequate ventilation of bilges, engine compartments, fuel compartments or other enclosures.

(4) A person shall not operate a vessel originally equipped with a carburetor drip pan without the drip pan in place and maintained in a functioning condition.

(5) A person shall not operate vessels whose bilges are not maintained free from oil or grease.

(6) A person shall not operate a motorboat equipped with an engine cut-off switch, while the engine is running and the motorboat is underway, without:

(a) Maintaining the switch in an operable, fully functional condition; and

(b) Attaching the engine cut-off switch link or wireless cut-off device to the operator, the operator's clothing, or if worn, the operator's personal flotation device; or

Section 2. Lighting Equipment.

(1) Between actual sunset and sunrise:

(a) Power driven boats less than sixty-five and six-tenths (65.6) feet in length whether operating or adrift, including sailboats operating under engine power, shall have:

Red and green sidelights. The red and green sidelights shall:

a. Have a red light indicating the port, or left side of the boat, and a green light indicating the starboard, or right side of the boat;

b. Be visible to another boat approaching from the side or head on;

c. Be visible from at least one (1) mile on a clear, dark night if the boat is less than thirty-nine and four tenths (39.4) feet in length; and

Either:

a. An all-around white light which shall be higher than the sidelights; or

(i) A white masthead light that shines forward; and

(ii) A white stern light visible from the rear of the boat.

(b) An operator of a manually-powered vessel or sailboat less than twenty-two (22) feet, nine (9) inches in length shall:

Carry aboard and have immediately available for use a white light of sufficient intensity to illuminate the vessel and its occupants; and
Display the white light in time to prevent a collision from an approaching vessel.

(c) A person operating or responsible for a vessel anchored in a normal navigation channel or passageway shall display a white light visible in a 360 degree arc.

(2) Combination or separate red and green lights shall:

(a) Have an arc of visibility extending from dead ahead to 112.5 degrees on either side of the vessel;

(b) Show the red light on the port side, and the green light on the starboard side, of the vessel; and

(3) White lights required by this section shall be visible at a distance of at least two (2) miles on a dark night with clear atmosphere.

(4) On a vessel under way between sunset and sunrise, an operator shall not display other lights which could be mistaken for the lights specified in this section.

Section 3. Signaling Devices.

(1) An operator of a Class 1 or larger vessel shall have on board a hand-, mouth-, or power-operated signaling device:

(a) Capable of producing a blast of two (2) seconds duration; and

(b) Audible for:

One-half (1/2) mile for Class 1 vessels.
One (1) mile for Class 2 vessels.
One and one-half (1-1/2) miles for Class 3 vessels.

(2) Nothing in this administrative regulation shall exempt a vessel from additional sound devices required by the U.S. Coast Guard pursuant to 33 C.F.R. 83.

Section 4. Personal Flotation Devices.

(1) Pursuant to 46 C.F.R. 25, an operator of a Class 1, 2, or 3 recreational vessel shall have on board a minimum of:

(a) One (1) wearable personal flotation device for each person on board the vessel; and

(b) Except for canoes or kayaks, one (1) throwable personal flotation device per vessel.

(2) An operator of a Class A recreational vessel shall have on board for each person a minimum of one (1) wearable personal flotation device.

(3) Each wearable personal flotation device shall be:

(a) Approved by the U.S. Coast Guard pursuant to 46 C.F.R. 25;

(b) In good and serviceable condition;

(d) Readily accessible;

(e) Used in accordance with any requirements on the approval label; and

(f) Used in accordance with any requirements in its owner's manual if the approval label refers to the manual.

(4) A throwable personal flotation device shall be immediately available for use.

(5) The following shall be exempt from the personal flotation device requirements of this section:

(a) Manually propelled racing vessels; or

(b) Sailboards.

Section 5. Fire Extinguishers.

(1) Pursuant to 46 C.F.R. 25, an operator of a vessel which contains either butane gas, propane gas, kerosene, gasoline, or a petroleum-consuming device shall have the following on board:

(a) For a Class A or Class 1 vessel, one (1) B-1 fire extinguisher;

(b) For a Class 2 vessel:

With fixed systems, one (1) B-1 fire extinguisher;
Without fixed systems, two (2) B-1 fire extinguishers;

Two (2) B-1 fire extinguishers; or
One (1) B-2 fire extinguisher; or

(d) For a Class 3 vessel without fixed systems:

Three (3) B-1 fire extinguishers; or
One (1) B-1 and one (1) B-2 fire extinguisher.

(2) An operator shall:

(a) Maintain fire extinguishers in workable condition; and

(b) Have fire extinguishers available for immediate and effective use.

Section 6. An operator shall not display flashing, rotating, or oscillating red lights on a vessel except for a vessel operated:

(1) For the purpose of firefighting or rescue by the U.S. Coast Guard;

(2) By the Commonwealth of Kentucky;

(3) By a county government;

(4) By a city government; or

(5) By another government agency.

Section 7. Vessels Without Required Safety Equipment.

(1) If a department conservation officer observes a vessel operating without the safety equipment established in this administrative regulation, the operator shall be directed to take whatever immediate and reasonable steps are necessary to correct the deficiency, including returning to a mooring until the situation creating the unsafe condition is corrected.

(2) If a vessel is directed to return to a mooring, the officer shall affix a notice to the vessel:

(a) Indicating the nature of the unsafe condition; and

(b) Requiring its correction before the vessel is further operated.

History

RELATES TO: KRS 235.205, 33 C.F.R. 83, 46 C.F.R. 25
STATUTORY AUTHORITY: KRS 235.200, 235.280
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 and KRS Chapter 235 as established in KRS 150.025, KRS 235.280 and KRS 235.290 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1) and KRS 235.030, promulgated by the Commissioner with approval of the Commission in accordance with KRS 235.280 and KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 235.280 requires the Department of Fish and Wildlife Resources to promulgate administrative regulations to govern the fair, reasonable, equitable, and safe use of all waters of Kentucky and to carry out the purposes of KRS Chapter 235. KRS 235.200 authorizes the department to promulgate administrative regulations relating to safety equipment for vessels. This administrative regulation establishes the requirements for legal boating safety equipment in Kentucky.
History: 301 KAR 006:020. 21 Ky.R. 3093; eff. 7-12-95; Am. 22 Ky.R. 1684; eff. 5-16-96; 33 Ky.R. 1120; 1525; eff. 12-7-2006; 39 Ky.R. 1947; eff. 5-31-2013; Cert eff. 2-5-2020; 49 Ky.R. 2130; 50 Ky.R. 650; eff. 9-21-2023; 52 Ky.R. 1046; eff. 6-2-2026.

301 KAR 6:030 Waterway safety requirements {#sec-301-kar-6-030 omnilex-key=us-ky-regs-official--title-301--301 KAR 6:030}

Section 1. Accident Reporting.

(1) The operator of a vessel required by KRS 235.250(2) to file an accident report shall file the report within five (5) days, except that an accident involving death or serious injury shall be filed within forty-eight (48) hours.

(2) An accident report shall contain the following information:

(a) The registration numbers or names of the vessels involved;

(b) The location of the accident;

(d) The name, address, age and boating experience of the operator of the reporting vessel;

(e) The name and address of the operator of other vessels involved;

(f) The names and addresses of persons killed or injured,

(g) The nature and extent of injuries;

(h) A description of the damage to property and an estimated cost of repairs;

(i) A description of the accident, including opinions as to the cause;

(j) The length, means of propulsion, horsepower, fuel and construction of the reporting vessel; and

(k) The names and addresses of known witnesses.

Section 2. Water Skiing and Related Activities.

(1) A person shall not water ski or tow a person water skiing:

(a) Within 100 feet of a:

Commercial boat dock;
Moorage harbor; or
Swimming area.

(b) Within 2,000 feet of a dam or lock.

(2) A person towing a water skier shall have on board:

(a) In addition to the operator, a person twelve (12) years of age or older, who shall serve as an observer; or

(b) A rear-view mirror with a minimum 160-degree field of vision, mounted so that the operator can observe the activities of the person being towed.

(3) Between sunset and sunrise, a person shall not:

(a) Water ski; or

(b) Operate an airborne device.

(4) A person shall wear a Type I, II, or III personal flotation device while water skiing that is United States Coast Guard approved.

(5) Except during performances authorized by the department in conjunction with a race, regatta or similar activity:

(a) There shall not be more than two (2) airborne devices in the air at one (1) time in a general area.

(b) A person shall not operate an airborne device with a tow line exceeding 150 feet.

(c) A person towing an airborne device shall have on board, in addition to the operator, a person twelve (12) years of age or older, who shall serve as an observer.

Section 3. Operation in Congested Areas or Near Swimmers or Divers.

(1) A person shall not operate a vessel above idle speed:

(a) In a harbor or congested area; or

(b) Within 100 feet of a commercial dock or a generally recognized moorage area.

(2) An operator shall not pass a moored or anchored vessel in a manner or at a speed which could cause the moored or anchored vessel to swamp or capsize.

(3) A person shall not operate a vessel:

(a) In a designated swimming area.

(b) In a manner which would endanger a swimmer or other person in the water.

(4) The operator of a vessel not involved in a diving operation shall remain more than 100 feet from an international diver's flag.

Section 4. Restrictions on Swimming or Diving.

(1) A person shall not swim at a boat launching area.

(2) A person diving with SCUBA or other mechanical diving device shall display an international diver's flag:

(a) At least twelve (12) inches by twelve (12) inches in size; and

(b) With the diagonal stripe at least three (3) inches wide.

(3) Unless actually engaged in diving operations, a person shall not display an international diver's flag on a vessel or on the water.

(4) Except in an emergency, a diver shall not rise to surface further than fifty (50) feet from an international diver's flag.

(5) A diver or swimmer shall not:

(a) Interfere with a fisherman;

(b) Dive or swim in an established traffic lane; or

Section 5. General Boating Safety Requirements.

(1) Taking into consideration the weather and existing operating conditions, a person shall not operate a vessel loaded beyond its safe carrying capacity with:

(a) Passengers; or

(b) Cargo.

(2) If a vessel is operating faster than at idle speed, a person shall not ride:

(a) On an enclosed bow;

(b) Outside the protective railing of a pontoon boat or houseboat;

(d) On the sides, back, engine cover, seat back; or

(e) In an obviously dangerous position which could lead to falling overboard.

(3) Except during an emergency or for purposes that the operator of a dam may authorize, a person shall not operate, moor, anchor or use a vessel within a posted restricted zone.

Section 6. Waterway Traffic.

(1) The operator of a vessel:

(a) Passing another vessel shall keep to the right.

(b) Overtaking another vessel:

May do so on either side; and
Shall yield the right-of-way to the vessel being overtaken.

(d) Approaching a dock or pier shall yield the right-of-way to a vessel departing the dock or pier.

(e) Departing a shoreline shall yield the right-of way to a vessel approaching the shoreline.

(f) Shall not change course without first determining that the course change can be made without risk of collision.

(g) If not sure of the course or direction an approaching vessel will take, shall immediately slow to idle speed until the other vessel has passed.

(h) With the right-of-way shall maintain course and speed.

(i) Which is required to yield the right-of-way shall, as necessary:

Slacken speed;
Stop;
Reverse; or
Alter course.

(j) In a narrow channel shall keep to the right of midchannel.

(2) An operator of a motorboat shall yield the right-of-way to a vessel being propelled by sail, oars, or other nonmotorized means.

(3) If there is a danger of collision, regardless of which vessel has the right-of-way, the operators of the vessels involved shall:

(a) Slow down;

(b) Stop;

(d) Reverse until the danger is averted.

(4) An operator shall sound intermittent warning signals in fog or similar situations of restricted visibility if his vessel is:

(a) Underway;

(b) Adrift; or

(5) An operator shall:

(a) Not interfere with or obstruct the takeoff, landing or taxiing of aircraft;

(b) Maintain complete control of his vessel; and

Cause a loss of control; or
Present a hazard to life or safety.

(6) A vessel operator shall not operate at faster than idle speed within 300 feet of a law enforcement or public safety vessel displaying flashing lights.

History

RELATES TO: KRS 235.240, 235.250, 235.290, 46 C.F.R. 25
STATUTORY AUTHORITY: KRS 235.280, 235.290
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 235.280 authorizes the department to promulgate administrative regulations governing the fair, reasonable, equitable and safe use of all waters of Kentucky. This administrative regulation prohibits certain unsafe practices on the waterways of the Commonwealth.
History: 301 KAR 006:030. 21 Ky.R. 3095; eff. 7-12-95; Am. 23 Ky.R. 3401; 3755; eff. 5-14-97; Crt eff. 2-5-2020; 52 Ky.R. 1199; eff. 6-4-2026.

301 KAR 6:040 Zoning or marking of waterways {#sec-301-kar-6-040 omnilex-key=us-ky-regs-official--title-301--301 KAR 6:040}

Section 1. Definitions.

(1) "Navigable waters" means a navigable waterway as defined by 33 C.F.R. Part 329.

(2) "Non-navigable" means all waters not defined by subsection 1 of this section.

(3) "Recreational vessel" means a vessel that is not documented as commercial by the U.S. Coast Guard.

Section 2. General Requirements.

(1) A person shall not zone, or place buoys or signs:

(a) On non-navigable waters without first obtaining written approval from the department.

(b) On navigable waters without first obtaining written approval from the department with concurrence by:

The United States Coast Guard;
The United States Army Corps of Engineers; or
The Tennessee Valley Authority.

(2) A person shall not moor a vessel to a buoy or navigational aid that is not specifically designated as a mooring device.

Section 3. Zoned Waterways.

(1) On Herrington Lake, a person shall not:

(a) Ski except along the main lake channel; or

(b) Operate a motorboat at greater than idle speed in inlets;

(2) A person shall not ski on the Big Sandy River.

(3) A person, between the Second Street Bridge and the McAlpine Dam on the Ohio River;

(a) Shall not operate recreational vessels except:

To lock through the McAlpine Dam; or
To dock at the Louisville Municipal Wharf.

(b) Shall remain within the confines of the commercial channel.

(4) A person shall not operate a motorboat at faster than idle speed on the Salt River in Mercer County.

(5) A person, between the Brent Spence Bridge and the Daniel Carter Bear Bridge on the Ohio River, shall not:

(a) Operate a recreational vessel at greater than idle speed during the period from sunset to sunrise;

(b) Operate a recreational vessel at greater than idle speed within 300 feet of any:

Marina;
Boat docking facility;
Boat gasoline dock;
Launch ramp;
Recreational boat harbor; or
Harbor entrance;

(d) While operating a personal watercraft:

Jump the wake of another watercraft;
Perform abrupt turns; or
Engage in similar acrobatic maneuvers.

Section 4. Flotation devices near locks and dams.

(1) A person shall not operate a vessel within an area designated or appropriately marked as a hazardous area below any lock or dam, unless each person aboard is wearing a U.S. Coast Guard approved flotation device of:

(a) Type I;

(b) Type II;

(d) Type V.

(2) On the Kentucky River, a person shall not operate a vessel within 150 feet below any dam or within a designated or appropriately marked hazardous area, unless each person aboard is wearing a U.S. Coast Guard approved flotation device of:

(a) Type I;

(b) Type II;

(d) Type V.

Section 5. 33 C.F.R. 1, Subpart 66.10, governing the uniform placement and characteristics of navigational and regulatory markers, is adopted without change.

History

RELATES TO: KRS 235.285, 235.310, 235.315, 33, 33 C.F.R. Part 329
STATUTORY AUTHORITY: KRS 235.280, 33 C.F.R. 1, Subpart 66.10
NECESSITY, FUNCTION, AND CONFORMITY: KRS 235.280 authorizes the department to promulgate administrative regulations to govern the fair, reasonable, equitable, and safe use of Kentucky waters. This administrative regulation establishes the methods used to mark waterways in conformity with 33 C.F.R. 1, subpart 66.10 and restricts certain boating activities on some Kentucky waters.
History: 21 Ky.R. 3097; eff. 7-12-95; 29 Ky.R. 791; 1334; eff. 11-13-02; 38 Ky.R. 1380; 1561; eff. 4-6-12; Crt eff. 2-5-2020.

301 KAR 6:060 Safe boating certification {#sec-301-kar-6-060 omnilex-key=us-ky-regs-official--title-301--301 KAR 6:060}

Section 1. Safe Boating Certificate Card.

(1) To obtain a safe boating certificate card, a person shall answer correctly at least eighty (80) percent of the questions on the Kentucky Certification Exam.

(2) There shall be a five (5) dollar replacement fee for safe boating certification cards.

(3) A person may waive the examination requirements of subsection (1) of this section if he or she submits to the department certification showing that he or she has completed a National Association of State Boating Law Administrators approved course.

Section 2. Safe Boating Course. (1) The safe boating course may be taken by:

(1) Classroom instruction provided by a department employee or department volunteer;

(2) Self-study using the "Kentucky Boating Safety Manual". A person may request a copy of the "Kentucky Boating Safety Manual" by calling 1-800-858-1549; or

(3) A self-study program on the Internet.

Section 3. Safe Boating Guidelines.

(1) Safe boating guidelines are established in the "Kentucky Boating Safety Manual".

(2) Boaters using Kentucky's waters shall abide by the guidelines established in the "Kentucky Boating Safety Manual".

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky Boating Safety Manual", 2003 edition; and

(b) "Safe Boating Examination", 2003 edition.

(2) This material may be inspected, copied or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Game Farm Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. until 4:30 p.m.

History

RELATES TO: KRS 235.285(7)
STATUTORY AUTHORITY: KRS 235.280
NECESSITY, FUNCTION, AND CONFORMITY: KRS 235.280 authorizes the department to promulgate administrative regulations to establish procedures for the reasonable, safe and equitable use of all waters of Kentucky. KRS 235.285(7) requires that a person twelve (12) through seventeen (17) years of age operating a personal watercraft or motorboat over ten (10) horsepower possess a safe boating certificate. This administrative regulation establishes the procedures for acquiring a safe boating certificate.
History: 25 Ky.R. 2711; Am. 26 Ky.R. 48; eff. 7-14-99; 28 Ky.R. 2058; eff. 5-16-2002; 30 Ky.R. 414; eff. 10-31-03; Crt eff. 2-5-2020.

301 KAR 6:070 Motorboat dealer and manufacturer registration {#sec-301-kar-6-070 omnilex-key=us-ky-regs-official--title-301--301 KAR 6:070}

Section 1. Registration Application.

(1) A person shall apply annually for a boat manufacturer's or boat dealer's registration on the Motorboat Dealer and Manufacturer Registration application provided by the department or via the department's Internet site.

(2) A new application for annual registration shall be submitted each year to the department. Boat manufacturer and dealer certificates and plates shall expire April 30 of each year.

(3) Information to be provided on the application shall include:

(a) Name, address, and contact information;

(b) Address of business;

(d) Type of vessel manufactured or sold; and

(e) Copy of the Sales and Use Tax Permit issued by the Revenue Cabinet. If an applicant is using the Internet to process his or her application, he shall insert the six (6) digit account number issued by the Revenue Cabinet on the Sales and Use Tax Permit.

(4) A manufacturer shall include on an application for annual registration the assigned U.S. Coast Guard assigned manufacturers identification code.

(5) With the application, an applicant shall include the applicable fee for the Motorboat Dealer and Manufacturer Registration or for additional plate copies as established in 301 KAR 5:022 and available at https://fw.ky.gov/Licenses/Pages/Fees.aspx.

(6) The registration provisions of this section shall not apply to licensed out-of-state manufacturers and dealers who are attending boat shows and other temporary exhibitions in Kentucky, if their home state grants Kentucky manufacturers and dealers similar reciprocal privileges.

Section 2. Certification and Plate.

(1) Boat manufacturers and dealers shall place in a conspicuous location at his or her place of business, the certificate issued by the department.

(2) The plate shall be kept aboard a boat and readily available for inspection by a game warden. The boat shall also abide by the registration requirements of KRS 235.220.

Section 3. Revocation of Certificate and Registration. A boat dealer or manufacturer shall forfeit his or her registration certificate and plate if he or she has:

(1) Been convicted of a violation of KRS Chapter 235;

(2) Falsified his or her application for certification as a boat manufacturer or dealer; or

(3) Misused his or her boat dealer or manufacturer certification and plate.

Section 4. Incorporation by Reference.

(1) "Motorboat Dealer and Manufacturer Registration", 2025 edition, is incorporated by reference.

(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, Monday through Friday, 8 a.m. to 4:30 p.m. or online at: https://fw.ky.gov/Licenses/Documents/Motorboat-Dealer-Manufacturer-Reg-App.pdf for the "Boat Dealer and Manufacturer Registration" application.

History

RELATES TO: KRS 150.010(1), 150.195, 235.040, 235.220
STATUTORY AUTHORITY: KRS 150.021(1), 150.025, 235.220(1)
CERTIFICATION STATEMENT: The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the commissioner with approval of the commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 235.220 authorizes the department to establish an annual registration fee for a manufacturers or dealer of motorboats in the state of Kentucky. This administrative regulation establishes the requirements for registering as a boat manufacturer and boat dealer.
History: 301 KAR 006:070. 30 Ky.R. 1149; Am. 1767; eff. 1-23-2004; 48 Ky.R. 917; eff. 3-1-2022; 52 Ky.R. 487, 965; eff. 3-3-2026.

Chapter 11 Administrative

301 KAR 11:002 Selection of Fish and Wildlife Resources Commission nominees {#sec-301-kar-11-002 omnilex-key=us-ky-regs-official--title-301--301 KAR 11:002}

Section 1. Scheduling of Meetings and Notification of the Public.

(1) At least thirty (30) days prior to the expiration of the term of a member of the Fish and Wildlife Resources Commission, the commissioner shall select the time and place for a public meeting to select a list of five (5) nominees to submit to the governor. The meeting shall be held within a county of the commission district that shall be centrally located and easily accessible to the majority of the sportsmen of that district.

(2) The location of the meeting shall be in a public building with facilities adequate to accommodate the expected turnout. If more participants attend than the facilities can reasonably accommodate, the commissioner (or his or her designee) may order a change in location, if a suitable site is readily available, or may take whatever steps he or she deems necessary to ensure the orderly and safe conduct of the meeting.

(3) Each meeting shall be called to order at 7:30 p.m. local prevailing time. If a change of location is called as established in subsection (2) of this section, the commissioner shall delay the beginning of the meeting for at least one (1) hour. The commissioner may also delay the beginning of the meeting for any other reason necessary, but the commissioner shall not convene the meeting earlier than the stated starting time.

(4) The facilities where the meeting is held shall be made available to the public by at least 6 p.m. local prevailing time.

(5) The commissioner shall cause to be published in each newspaper in the district a legal notice announcing the purpose, time, and place of the meeting. The commissioner shall also prepare and distribute news releases announcing the meeting to all major mass media outlets in the district. In addition, the commissioner shall prepare and distribute posters about the meeting for posting at each county courthouse in the district and at those places where sportsmen are known to gather or frequent.

Section 2. Conduct of the Meeting.

(1) The commissioner, or an official of the department designated by the commissioner, shall serve as chair of the meeting and shall be the final arbiter of any disputes or procedural questions that arise during the course of the meeting.

(2) After calling the meeting to order, the chair shall explain the purpose of the meeting and the rules under which it shall be conducted.

(3) The chair shall then open the floor to nominations.

(4) As each name is placed in nomination, the nominee shall sign an affidavit attesting to his or her residency in the district.

(5) The chair shall not close the nominations until he or she has called three (3) times for additional nominations and has received none. Motions to close the nominations shall not be recognized while there are still those waiting to place a name in nomination.

(6) If no more than five (5) names are placed in nomination, the chair shall declare that the purpose of the meeting has been fulfilled and shall adjourn the meeting.

Section 3. Balloting to Select Five (5) Nominees.

(1) If more than five (5) names are placed in nomination, the list of nominees shall be narrowed to five (5) names by secret ballots cast by the qualified sportsmen in attendance.

(2) The chair shall direct each nominee to appoint at least one (1) individual to serve on a balloting committee. The chair shall determine the number needed for this committee, and each nominee shall be allowed an equal number of committee members.

(3) Members of the balloting committee shall distribute ballots to the participants in the meeting. Each ballot shall consist of two (2) parts: an affidavit by which each participant shall attest to his or her legal right to participate in the selection process as established in KRS 150.022 and a ballot with which the participant may vote for one (1) nominee.

(4) Each eligible participant shall complete the information requested on the affidavit and swear an oath attesting to the veracity of that information.

(5) Each eligible participant shall then vote for the nominee of his or her choice on the ballot provided. Ballot boxes, overseen by personnel of the department, shall be available at designated exits. Each eligible participant shall hand the department employee his or her signed affidavit and shall place his or her ballot in the ballot box.

(6) After depositing his or her ballot, each participant shall immediately leave the meeting room and shall not return until all ballots are cast and the ballot boxes are closed.

(7) The ballot boxes shall be opened in the presence of the balloting committee, who shall count the ballots in the presence of the chair or his or her designee.

(8) Each member of the balloting committee shall sign an affidavit attesting to the ballot count and to the fact that, to the best of his or her knowledge, the process of distributing and counting the ballots was conducted in a fair and impartial manner. The chair shall obtain a written statement from any committee member who feels that irregularities did occur during the course of the meeting.

(9) Immediately after the ballots are counted and the results certified by the balloting committee, the chair shall announce the full results of the balloting and shall then adjourn the meeting.

Section 4. Resolving Disputes.

(1) In the event of a tie vote for fifth and sixth place, the chair shall settle the issue by the toss of a coin. Tie votes that do not affect the outcome of the selection of the five (5) names shall not be resolved.

(2) Any other disputes, whether over vote counts or over procedural matters, shall be arbitrated immediately by the chair, whose decision shall be binding unless subsequently overturned by the commission or the courts.

(3) Any individual who is aggrieved by a decision of the chair or by any other action at the meeting may appeal in writing to the Fish and Wildlife Resources Commission. An appeal shall be made within ten (10) calendar days after the meeting.

(4) Upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.

(5) Any party aggrieved by a final order of the commission may appeal to Franklin Circuit Court in accordance with KRS Chapter 13B.

Section 5. Submission of the List of Nominees to the Governor.

(1) The commissioner shall, within thirty (30) working days after the meeting, submit to the governor the names of the five (5) nominees chosen at the meeting.

(2) If balloting was used to limit the list to five (5) names, the commissioner shall not submit any ballot totals to the governor.

History

RELATES TO: KRS 150.022, 150.023
STATUTORY AUTHORITY: KRS 150.022, 150.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department of Fish and Wildlife Resources to promulgate administrative regulations to carry out the purposes of KRS Chapter 150. KRS 150.022 requires that a meeting of sportsmen in a commission district be held to nominate five (5) candidates for membership on the Kentucky Fish and Wildlife Commission. These five (5) candidate names shall then be submitted to the Governor for his or her selection. This administrative regulation establishes the procedures for nominating the candidates for commission membership.
History: 301 KAR 004:001. 13 Ky.R. 1805; eff. 5-14-1987; Am. 19 Ky.R. 1842; Am. 2243; eff. 4-7-1993; 28 Ky.R. 2055; eff. 5-16-2002; 48 Ky.R. 899; 49 Ky.R. 35; 561; eff. 8-18-2022; 48 Ky.R. 899; 49 Ky.R. 35, 561; eff. 8-18-2022; Recodified to 301 KAR 011:002; eff. 6-22-2026.

301 KAR 11:003 Districts {#sec-301-kar-11-003 omnilex-key=us-ky-regs-official--title-301--301 KAR 11:003}

Section 1. Wildlife Districts. For the purposes of representation on the Fish and Wildlife Resources Commission, each county in Kentucky shall be assigned to a wildlife district as established in subsections (1) through (9) of this section.

(1) District I - Fulton, Hickman, Carlisle, Ballard, McCracken, Graves, Calloway, Marshall, Livingston, Lyon, Trigg, Caldwell, Crittenden, and Christian.

(2) District II - Union, Webster, Hopkins, Muhlenberg, Todd, Henderson, McLean, Logan, Simpson, Allen, Warren, Butler, Ohio, Daviess, and Hancock.

(3) District III - Meade, Bullitt, Jefferson, Spencer, Oldham, Breckinridge, and Shelby.

(4) District IV - Hardin, Grayson, Nelson, Washington, Marion, Larue, Taylor, Adair, Cumberland, Monroe, Barren, Green, Hart, Edmonson, and Metcalfe.

(5) District V - Carroll, Owen, Grant, Harrison, Robertson, Bracken, Pendleton, Gallatin, Boone, Kenton, Campbell, Trimble, and Henry.

(6) District VI - Franklin, Scott, Anderson, Woodford, Fayette, Mercer, Jessamine, Boyle, Casey, Lincoln, Garrard, Rockcastle, Lee, Estill, Powell, Clark, and Madison.

(7) District VII - Lawrence, Magoffin, Johnson, Martin, Pike, Floyd, Breathitt, Knott, Perry, Letcher, Leslie, Harlan, and Owsley.

(8) District VIII - Mason, Lewis, Greenup, Carter, Boyd, Morgan, Wolfe, Menifee, Montgomery, Bath, Rowan, Fleming, Nicholas, Bourbon, and Elliott.

(9) District IX - Clinton, Russell, Wayne, Pulaski, McCreary, Whitley, Laurel, Clay, Knox, Bell, and Jackson.

History

RELATES TO: KRS 150.010, 150.022(1), 150.025
STATUTORY AUTHORITY: KRS 150.022, 150.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to regulate fish and wildlife resources. KRS 150.022 authorizes wildlife districts. This administrative regulation designates the counties within each wildlife district.
History: 301 KAR 004:010. KFWR-W-4; 1 Ky.R. 35; eff. 10-2-1974; 16 Ky.R. 2455; eff. 6-27-1990; 27 Ky.R. 3345; 28 Ky.R. 366; eff. 8-15-2001; 48 Ky.R. 901, 2968; eff. 6-9-2022; Recodified to 301 KAR 011:003; eff. 6-22-2026.

301 KAR 11:020 Procurement of architectural and engineering services {#sec-301-kar-11-020 omnilex-key=us-ky-regs-official--title-301--301 KAR 11:020}

Section 1. Solicitations. A solicitation for architectural or engineering services shall comply with the provisions of KRS 45A.825 and include the following evaluation factors:

(1) Experience and ability:

(a) Experience of key personnel that will be assigned to the project, including principal in charge, project manager, other key professional and technical staff.

(b) Previous projects completed by the firm similar to the proposed project.

(c) Types of projects on which the firm or key personnel have been the prime design professional or provided significant professional design services.

(d) Qualifications of the proposed project team.

(e) Volume of design work in the last two (2) years.

(2) Past performance:

(a) For the two (2) year period prior to solicitation of services, the ability to design projects within specific project budgets and schedules.

(b) Design performance and experience of firm and key personnel with prior projects of similar scope.

(3) Existing workload relative to the size of the firm and capacity to perform the project.

(4) Geographical location with respect to the project:

(a) Location of offices of persons that will perform the work.

(b) Size of staff, including professional personnel, in the offices that will perform the work.

(c) Additional evaluation factors and other criteria required by the specific needs and scope of the project as set out in the requests for bids.

Section 2. Prequalification.

(1) In order to submit a response to a request for proposal, an architectural or engineering firm shall be prequalified by Kentucky Department of Fish and Wildlife Resources (KDFWR).

(2) A firm shall prequalify by filing with the department a completed current federal Architect – Engineer Qualifications form, Standard Form 330. This form may be submitted concurrently with a response to a request for proposals.

(3) The prime consultant shall be registered in the Commonwealth of Kentucky with the appropriate professional governing body.

(4) Prequalification shall remain valid for the fiscal year in which it was received. To requalify, a firm shall submit an updated federal Architect – Engineer Qualifications form, Standard Form 330.

(5) A firm desiring to be considered for an award as a prime consultant shall provide:

(a) An original certificate of a continuous professional liability policy in an amount not less than $1,000,000 with a response to a request for proposals.

(b) Proof of current Kentucky workers compensation insurance coverage.

(6) A certificate of self-insurance shall not be accepted by the department.

Section 3. Receipt of Proposals.

(1) Proposals shall be received at the designated location prior to the closing time and date for the receipt of proposals indicated in the solicitation or any extension made by addendum. Proposals received after the closing time and date for the receipt of bids shall be considered for evaluation and award only if:

(a) No other bids were received;

(b) The re-advertisement time delay would affect the operations of the department; and

(c) In the reasonable judgment of the purchasing officer, the bid was finalized prior to the official closing time and date for the receipt of bids.

(2) Submittals received that do not conform with the requirements of the solicitation shall be rejected.

Section 4. Department Employee Responsibilities. All department personnel engaged in the procurement of engineering, architectural, or related services, or the implementation of the provisions of KRS 45A.800 to 45A.835, shall comply with the following. Department personnel shall be required to:

(1) Prioritize the interests of the Commonwealth of Kentucky and the department;

(2) Request and accept assistance from other department and state personnel, as required;

(3) Seek to obtain the maximum value for each dollar spent for professional services;

(4) Be honest and truthful in contracting;

(5) Reject all forms of attempted bribery or favors;

(6) Invite all firms to submit their qualifications for consideration by the department;

(7) Assist other department personnel in the contracting for professional services, as necessary; and

(8) Comply with KRS 45A.340.

Section 5. Selection Committee Evaluations.

(1) Each member of an architectural or engineering services selection committee shall use the project evaluation sheet provided by the department procurement staff in evaluating a firm's proposal.

(2) Upon completion of evaluation of all the responses to a request for proposals, each evaluation committee member shall sign the individual project evaluation sheet and submit the sheet to the chairperson of the committee. The chairperson of the selection committee shall record the composite score from each individual evaluation sheet on the evaluation summary sheet for the project. The evaluation summary sheet shall be signed by each participating member of the selection committee. This procedure shall also apply to project interview evaluation sheets used during the interview process as required by KRS 45A.825(8).

(3) All evaluation sheets and evaluation summaries for a project shall be maintained by the department procurement staff.

Section 6. Incorporation by Reference.

(1) "Architect-Engineer Qualifications", July 2021 edition, is incorporated by reference.

(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, Monday through Friday, 8 a.m. to 4:30 p.m. or online at: https://www,gsa.gov/reference/forms/architectengineer-qualifications.

History

RELATES TO: KRS Chapter 45A, Chapter 150
STATUTORY AUTHORITY: KRS 150.025, 150.0242, 45A.195, 45A.440, 45A.695
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(h) authorizes the Kentucky Department of Fish and Wildlife to promulgate administrative regulations reasonably necessary to implement or carry out the purposes of KRS Chapter 150. KRS 150.0242 authorizes the department to promulgate administrative regulations relating to procurements necessary for the performance of its duties in accordance with the procurement procedures outlined in KRS Chapter 45A, Chapter 150, and administrative regulations promulgated under KRS Chapter 150. KRS 150.0242 requires the department to promulgate administrative regulations pursuant to KRS Chapter 13A to implement its procedures for the procurement of engineering services pursuant to KRS 150.0242 and 45A.800 to 45A.838. This administrative regulation establishes requirements relating to the procurement of architectural and engineering services.
History: 21 Ky.R. 3093; eff. 7-12-95; Am. 22 Ky.R. 1684; eff. 5-16-96; 33 Ky.R. 1120; 1525; eff. 12-7-2006; 39 Ky.R. 1947; eff. 5-31-2013; Cert eff. 2-5-2020; 49 Ky.R. 2130; 50 Ky.R. 650; eff. 9-21-2023; 49 Ky.R. 2427; 50 Ky.R. 652; eff. 9-21-2023.