301 KAR 2:221E. Waterfowl seasons and limits

      Section 1. Definitions. (1) "Dark goose" means a Canada goose, white-fronted goose, or brant.

      (2) "Light Goose" means a snow goose or Ross's goose.

      (3) "Light Goose Conservation Order" is defined by 50 C.F.R. 21.60

      (4) "Waterfowl" is defined by KRS 150.010(40).

 

      Section 2. (1) Except as established in 301 KAR 2:222, 2:225, or 2:226, a person shall not hunt waterfowl except during the seasons established in this administrative regulation.

      (2) Hunting zones, special hunt areas and reporting areas are established in 301 KAR 2:224.

 

      Section 3. Season dates. (1) The duck, coot, and merganser[. The] season shall:

      (a) Begin on Thanksgiving Day for four (4) consecutive days; and

      (b) Be for fifty-six (56) consecutive days ending on the last Sunday in January of the following year.

      (2) Canada goose.

      (a) In the Eastern, Pennyrile, and Western Goose Zones, the season shall be from[begin on] Thanksgiving Day through February 15[and continue until January 31].

      (b) In the Northeast Goose Zone, the season shall be from[begin on] the third Saturday in December through[and continue until] January 31.

      (3) The white-fronted goose and brant[. The] season shall be from[begin on] Thanksgiving Day through February 15[and continue until January 31].

      (4) The light goose[. The] season shall be from[begin on] Thanksgiving Day through February 15[and continue until January 31].

      (5) The Light Goose Conservation Order season shall be from February 16 through March 31.[(a) In the Western Duck Zone, the season shall be from February 1 through March 31, except:

      1. The season shall be closed during the first full weekend in February; and

      2. Youth hunters may hunt during the first full weekend in February pursuant to 301 KAR 2:226.

      (b) In the Eastern Duck Zone, the season shall be from February 1 through March 31.]

      (6) A person shall not hunt a light or dark goose 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. In the Ballard Zone that is established in 301 KAR 2:224:

      (1) A person hunting waterfowl shall:

      (a) Hunt from a blind unless hunting in flooded, standing timber;

      (b) Not hunt from or establish a blind:

      1. Within 100 yards of another blind; or

      2. Within fifty (50) yards of a property line; and

      (c) Not possess more than one (1) shotgun while in a blind.

      (2) The requirements of subsection (1) of this section shall not apply if the Light Goose Conservation Order, as established in 301 KAR 2:221, is the only waterfowl season open, excluding falconry seasons.

 

      Section 5. Bag and Possession Limits. (1) Ducks. The daily limit shall be six (6), which shall not include more than:

      (a) Four (4) mallards;

      (b) Two (2) hen mallards;

      (c) Three (3) wood ducks;

      (d) One (1) black duck;

      (e) Two (2) redheads;

      (f) Two (2) pintails;

      (g) Three (3) scaup;

      (h) One (1) mottled duck; or

      (i) Two (2) canvasback.

      (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 goose. The daily limit shall be five (5), which shall not include more than:

      (a) Three (3) Canada geese;

      (b) Two (2) white-fronted geese; or

      (c) One (1) brant.

      (5) Light goose. The daily limit shall be twenty (20), except that there shall not be a limit during the Light Goose Conservation Order season.

      (6) The possession limit shall be triple the daily limit, except that there shall not be a light goose 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 goose during the Light Goose Conservation Order season.

 

      Section 7. Falconry Waterfowl Season and Limits. (1) The light goose season shall be from Thanksgiving Day[November 5] through February 15[January 31].

      (2) The Light Goose Conservation Order season shall be from February 16 through March 31.

      [(a) In the Western Duck Zone, the season shall be from February 1 through March 31, except:

      1. The falconry season shall be closed during the first full weekend in February; and

      2. Youth waterfowl hunters may hunt during the first full weekend in February pursuant to 301 KAR 2:226.

      (b) In the remainder of the state, the season shall be from February 1 through March 31.]

      (3) The season for all other waterfowl shall be from Thanksgiving Day[November 5] through February 15[January 31].

      (4) The daily limit shall be three (3) waterfowl, except that there shall not be a limit on light goose during the Light Goose Conservation Order season.

      (5) The possession limit shall be nine (9) waterfowl, except that there shall not be a possession limit on light goose during the Light Goose Conservation Order season.

 

      Section 8. Permit for the Light Goose Conservation Order season. (1) A person hunting light goose during the Light Goose Conservation Order season shall first obtain a free permit by completing the online Snow Goose Conservation Order Permit process on the department’s Web site at fw.ky.gov.

      (2) A person hunting light goose during the Light Goose Conservation Order season shall submit a Snow Goose Conservation Order Permit Survey to the department by April 10.

 

      Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Snow Goose Conservation Order Permit", January 2014; and

      (b) "Snow Goose Conservation Order Permit Survey", January 2014.

      (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.

 

GREGORY K. JOHNSON, Commissioner

DON PARKINSON, Secretary

      APPROVED BY AGENCY: May 3, 2016

      FILED WITH LRC: May 11, 2016 at 2 p.m.

      CONTACT PERSON: Mark Cramer, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone [phone], fax [phone], email [e-mail].

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Mark Cramer

      (1) Provide a brief summary of:

      (a) What the administrative regulation does: This administrative regulation establishes waterfowl seasons and bag limits within federal migratory bird hunting frameworks established in 50 C.F.R. Parts 20 and 21 according to the U.S. Fish and Wildlife Service (USFWS).

      (b) The necessity of the administrative regulation: The necessity of this administrative regulation is to establish the 2016-2017 waterfowl hunting seasons in accordance with the USFWS.

      (c) How does this administrative regulation conform to the authorizing statute: 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 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 procedures for the taking of waterfowl within reasonable limits and within the frameworks established by 50 C.F.R. Parts 20 and 21.

      (d) How will this administrative regulation assist in the effective administration of the statutes: This administrative regulation assists in the effective administration of the statutes by establishing hunting season and bag limit requirements and providing reasonable hunting opportunity consistent with state, national, and international management requirements and goals.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change the existing administrative regulation: This amendment will add two additional weeks of Canada goose, white-fronted goose, brant and light goose season in February. It adjusts the falconry season to start on Thanksgiving Day so that Canada geese are not exposed to more than 107 days of regular hunting.

      (b) The necessity of the amendment to this administrative regulation: Waterfowl seasons and limits are set on an annual basis following the establishment of federal frameworks by the U.S. Fish and Wildlife Service each year. It is the Department’s responsibility to allow quality hunting opportunity within these federal frameworks. The increase in the daily hunting period will provide additional opportunity for local waterfowl hunters.

      (c) How does the amendment conform to the authorizing statutes: See (1)(c) above.

      (d) How the amendment will assist in the effective administration of the statutes: See (1)(d) above.

      (3) List the type and number of individuals, businesses, organizations or state and local governments that will be affected: There are approximately 20,000 waterfowl hunters in Kentucky that may be affected by this administrative regulation.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The current changes in season dates and/or bag limits will be published in the fall waterfowl hunting guide and on the department’s website. Hunters will need to follow all applicable amendments to the hunting season and bag limits.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will be no additional costs to those identified in question (3).

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): There will be an increased opportunity to hunt waterfowl in the state.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: There will not be an additional cost to implement this administrative regulation initially.

      (b) On a continuing basis: There will be no additional cost on a continuing basis.

      (6) What is the source of funding to be used for implementation and enforcement of this administrative regulation? The source of funding is the State Game and Fish fund.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment. It will not be necessary to increase any fees or funding to implement this administrative regulation.

      (8) State whether or not this administrative regulation establishes any fees directly or indirectly increases any fees: This administrative regulation does not establish any fees directly or increase any fees indirectly.

      (9) TIERING: Is tiering applied? Tiering was not applied. The same guidelines and limits apply to all waterfowl hunters.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department’s Wildlife Division and Law Enforcement Division.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. 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 procedures for the taking of waterfowl within reasonable limits and within the frameworks established by 50 C.F.R. Parts 20 and 21.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This amendment will not generate revenue for the first year.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This amendment will not generate revenue in subsequent years.

      (c) How much will it cost to administer this program for the first year? No new costs will be incurred in the administration of this program for the first year.

      (d) How much will it cost to administer this program for subsequent years? No new costs will be incurred in the administration of this program in subsequent years.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation:

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

      1. Federal statute or regulation constituting the federal mandate. Wildlife and Fisheries, Federal Code of Regulations, 50 C.F.R. Part 20, Migratory Bird Hunting; Part 21, Migratory Bird Permits.

      2. State compliance standards. The Department of Fish and Wildlife Resources sets migratory birds seasons within the frameworks established by the U.S. Fish and Wildlife Service and published in 50 C.F.R. Parts 20 and 21.

      3. Minimum or uniform standards contained in the federal mandate. 50 C.F.R. Part 20 contains season frameworks for the earliest opening and latest closing date, the maximum number of days a species is open to hunting, and daily bag and possession limits. 50 C.F.R. Part 21 defines permits and the necessary requirements to hold and possess migratory game birds before, during and after periods open for hunting.

      4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? Yes.

      5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. The federal mandate defines the regulatory frameworks that a state may allow. States are permitted to be more restrictive but not more liberal in their respective regulations. State management objectives necessitate more restrictive regulations to protect local, regional and/or state populations of birds important to Kentucky’s waterfowl hunters. The greatest wintering and migrating waterfowl concentrations are located on public lands managed by the Department. The Department imposes more restrictive hunting regulations on these lands in effort to meet waterfowl management objectives while still providing quality hunting opportunity.

Notation

      This emergency administrative regulation establishes season dates, limits, shooting hours and other requirements for hunting waterfowl on public lands. Waterfowl hunting season frameworks are set annually by the U.S. Fish and Wildlife Service. Under federal law, states that wish to establish migratory bird hunting seasons shall do so within the federal frameworks. Development of the federal regulations involves consideration of harvest and population status data, coordination with state wildlife agencies, and public involvement. States must supply season selections for publication in the Federal Register less than 8 weeks after the final frameworks for migratory bird hunting regulations are published in the federal register. Once Kentucky’s season selections are published in the Federal Register, there is no opportunity for revisions. An ordinary administrative regulation will not suffice because the time provided by the USFWS is not adequate for the normal regulatory process. This emergency administrative regulation will be replaced by an ordinary administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation.

GREGORY K. JOHNSON, Commissioner

MATTHEW G. BEVIN, Governor

      RELATES TO: KRS 150.010(40), 150.025(1), 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

      EFFECTIVE: May 11, 2016

      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.