301 Ky. Admin. Regs. 3:130

Current through Register Vol. 51, No. 5, November 1, 2024

Section 301 KAR 3:130 - Public use of conservation camp properties

RELATES TO: KRS 150.025, 150.0241, 150.170, 28 C.F.R. 35, 36, 43 C.F.R. 17

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.

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

(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.

(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

(c) Passes a background check prior to accompanying a mentee during a mentored event.

(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;

(c) Successfully harvested the targeted species for an event within the past three (3) years; or

(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;

(c) Place or distribute bait or otherwise participate in baiting wildlife on a conservation camp property;

(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

(c) Not be required to possess a hunting license or related permits for the mentor to:

1. Track and dispatch a wounded animal;

2. Retrieve an animal; or

3. 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

(c) Possess all required licenses and permits.

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.

301 KAR 3:130

50 Ky.R. 1986, 2401; eff. 6/6/2024.

STATUTORY AUTHORITY: KRS 150.025(1), 150.179(2), 150.620