RELATES TO:
KRS 150.015,
150.025,
150.092,
150.170,
150.390,
150.722
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.
Section
1. Definitions.
(1) "Big game"
means wild individuals of the species:
(a)
Deer, Odocoileus virginianus;
(b)
Elk, Cervus canadensis nelsoni; and
(c) Bear, Ursus americanus.
(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
(c) Ruffed
grouse, Bonasa umbellus.
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.
