Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 2 - Game › Section 301 KAR 2:132 - Elk hunting seasons, permits, zones, and requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.010,
				150.170(4),
				150.180,
				150.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1) authorizes the
				department to promulgate administrative regulations to establish open seasons
				for the taking of wildlife, 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.
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.