301 KAR 2:041 - Shooting areas, dog training areas, commercial foxhound training enclosures, and bobwhite shoot-to-train season
RELATES TO: KRS 150.010, 150.170, 150.180, 150.280, 150.630, 150.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department 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(28) 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 foxhound training enclosures.
Section 1.
Definitions.
(1) "Dog training area permit"
means a permit that designates an area to allow dog training and shooting of
captive-reared bobwhite quail.
(2)
"Hoofed animal" means ungulate wildlife except wild hogs and
javelinas.
(3) "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;
and
(b) Pheasant and chukar,
pursuant to
301 KAR 3:030.
(2) The shooting area hunting seasons shall
be as follows:
(a) Bobwhite quail: August 15
through April 15;
(b) Mallard
ducks: year-round;
(c) Hoofed
animals: September 1 through May 15; and
(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;
(c) Possess a valid
Kentucky hunting license or be license-exempt pursuant to
KRS 150.170;
(d) Possess:
1. Proof of purchase of captive-reared
bobwhite quail; or
2. A captive
wildlife permit;
(e)
Band all captive-reared bobwhite quail with:
1. Aluminum, #7 leg bands; or
2. 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
(c) A commercial foxhound training
enclosure.
(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
(c) Shooting area
permit for hoofed animals in existence prior to March 8, 2002.
(4) A commercial 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) Commercial
Foxhound Training Enclosure Permit Application; or
(c) Dog Training Area Permit
Application.
(6) An
application for a dog training area shall not be approved until a department
conservation officer or biologist inspects the area to determine if it meets
the requirements established in Section 6 of this administrative
regulation.
(7) An applicant for a
shooting area, dog training area, or commercial foxhound training enclosure
shall provide documentation proving the applicant is the:
(a) Owner of the land where the facility is
to be located; or
(b) Lessee of the
land where the facility is to be located.
(8) A shooting area permit shall be
transferable if:
(a) A currently permitted
facility is sold to another entity;
(b) The facility is inspected by a
conservation officer or biologist prior to transfer;
(c) The seller of the facility is compliant
with the provisions of this administrative regulation; and
(d) The purchaser of the facility:
1. Completes a Shooting Area Permit Transfer
Application provided by the department; and
2. Provides a plat of the shooting area
boundaries completed by a licensed surveyor.
(9) A transferred shooting area permit shall
only be valid for the land that was permitted prior to the time of
transfer.
(10) If ownership of a
commercial foxhound training enclosure changes, the new owner shall be
responsible for applying for a new permit.
(11) A person hunting on a shooting area
shall:
(a) Possess a valid Kentucky hunting
license;
(b) Possess a valid
shooting area hunting license;
(c)
Possess a shoot-to-retrieve field trial permit; or
(d) Be hunting license exempt pursuant to
KRS 150.170.
(12) 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;
(c) That read "Shooting
Area"; and
(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
includes each person's:
(a) Name:
(b) Address; and
(c) Hunting license number.
(4) A permit holder shall:
(a) Obtain a bill of sale or receipt for each
purchase that contains the number of:
1. Game
birds purchased; or
2. 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
(c) Have a marked boundary with signs:
1. At least eight (8) inches by twelve (12)
inches high;
2. Having a white
background with contrasting letters at least one (1) inch high;
3. That read "Dog Training Area";
and
4. Placed no more than 150 feet
apart.
(3) A
permit holder shall maintain a daily record of people using the area which
includes each person's:
(a) Name;
(b) Address; and
(c) Hunting license number.
(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:
1. Total number of each hoofed species
taken;
2. Name of each
hunter:
3. Address of each
hunter;
4. Hunting license number
of each hunter; and
5. 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 Foxhound Training
Enclosures.
(1) A commercial foxhound training
enclosure shall:
(a) Be at least 200
acres;
(b) Be fenced to enclose
foxes; and
(c) Not be divided by an
interior fence that restricts the range of foxes to less than 200
acres.
(2) Two (2) or
more enclosures under the same ownership or management may be licensed under
the same permit if:
(a) Each enclosure is at
least 200 acres in size; and
(b)
The enclosures share a common fence.
(3) The permit holder shall provide for the
foxes:
(a) Food;
(b) Water;
(c) Shelter from inclement weather;
and
(d) At least one (1) of the
following, which is sufficient to prevent capture by foxhounds, per every fifty
(50) acres:
1. Natural den;
2. Constructed den;
3. Box; or
4. Hollow log.
(4) A fox held for release into an
enclosure shall be confined pursuant to
301 KAR 2:081.
(5)
A person shall not intentionally engage in an activity which would cause
foxhounds to injure or kill a fox in an enclosure.
(6) Fox chasing on permitted areas shall be
considered an authorized field trial if a fox is not captured or
killed.
(7) A person shall not take
any wildlife within an enclosure except under legal statewide seasons and
methods.
(8) The owner or operator
of an enclosure shall:
(a) Allow a
conservation officer to inspect the facility at any reasonable time;
and
(b) Comply with all permitting
requirements, if applicable, pursuant to
301 KAR 2:081.
Section 9. Revocation of 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 his or her 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. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Shooting Area
Permit Application", July 2012 edition;
(b) "Commercial Foxhound Training Enclosure
Permit Application", July 2012 edition;
(c) "Dog Training Area Permit Application",
July 2012 edition;
(d) "Shooting
Area Permit Transfer Application", July 2012 edition; and
(e) "Bobwhite Quail Shoot-to-Train
Application", July 2012 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 a.m. to 4:30 p.m.
Notes
STATUTORY AUTHORITY: KRS 150.025(1), 150.175(28), 150.240(2)
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