Title XII, Conservation and State Development
16 chapters · 889 sections in this title.
KRS § 150.010 Definitions for chapter
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As used in this chapter, unless the context otherwise requires: (1) "Administrative regulation" means a written regulation promulgated, pursuant to KRS Chapter 13A, by the commissioner with the approval of the commission; (2) "Angling" means the taking or attempting to take fish …
KRS § 150.015 Purpose of 1952 Act amending game and fish laws -- Policy of state as to wildlife -- Liberal construction -- Promotion of hunger relief through wildlife management and conservation
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wildlife -- Liberal construction -- Promotion of hunger relief through wildlife management and conservation. (1) The declared purpose of Acts 1952, ch. 200, and the policy of the Commonwealth of Kentucky, is to protect and conserve the wildlife of this Commonwealth so as to insur…
KRS § 150.021 Department of Fish and Wildlife Resources -- Administrative attachment to Tourism, Arts, and Heritage Cabinet -- Assessment of fee for debt service on radio system capital project -- Department not subject to reorganization
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to Tourism, Arts, and Heritage Cabinet -- Assessment of fee for debt service on radio system capital project -- Department not subject to reorganization. (1) The Department of Fish and Wildlife Resources shall constitute an independent department of state government within the me…
KRS § 150.022 Department of Fish and Wildlife Resources Commission -- Appointment processes and conditions -- Ethics requirement -- Prohibition against use of state seal -- Definition of "sportsman" and sportswoman"
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processes and conditions -- Ethics requirement -- Prohibition against use of state seal -- Definition of "sportsman" and sportswoman". (1) The Department of Fish and Wildlife Resources Commission shall consist of nine (9) members, one (1) from each commission district, as set out…
KRS § 150.023 Meetings and functions of commission
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(1) The members of the commission shall meet in Frankfort, quarterly, upon a date to be determined and fixed by the commissioner, or as often as may be necessary for the transaction of business, upon reasonable notice to each member of such meetings. Committees created by the com…
KRS § 150.024 Power to acquire property -- Condemnation
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The department shall have the right to acquire such property as may be necessary to carry out the purpose of this chapter, and it shall have the right of eminent domain as provided in the Eminent Domain Act of Kentucky.
KRS § 150.0241 Access to and use of commission-managed lands for hunting -- Duties of commission and other state agencies -- Reports
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Duties of commission and other state agencies -- Reports. (1) As used in this section unless the context otherwise requires: (a) "Commission" has the same meaning as in KRS 150.010; (b) "Commission-managed lands" means those lands owned by the commission, those lands owned by the…
KRS § 150.0242 Department procurements -- Applicability of Executive Branch Code of Ethics -- Administrative regulations
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Ethics -- Administrative regulations. (1) Notwithstanding any provision of law to the contrary, the department shall conduct all procurements necessary for the performance of its duties in accordance with the procurement procedures outlined in KRS Chapter 45A, this chapter, and t…
KRS § 150.025 Power of department to make administrative regulations as to game and fish, including seasons and limits -- Inclusion of administrative regulations on department's website
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fish, including seasons and limits -- Inclusion of administrative regulations on department's website. (1) In carrying out the provisions of this chapter the department may, by administrative regulations promulgated under the provisions of KRS Chapter 13A: (a) Fix, close, termina…
KRS § 150.027 Hearing required before promulgation, amendment, or repeal of administrative regulations affecting property owners or occupants of property adjacent to a lake or other real property owned or controlled by the department
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administrative regulations affecting property owners or occupants of property adjacent to a lake or other real property owned or controlled by the department. (1) Not less than sixty (60) days nor more than ninety (90) days prior to the submission of a proposed administrative reg…
KRS § 150.028 Required administrative regulations
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The department shall promulgate administrative regulations regarding: (1) Specific permitted and prohibited uses of department-owned property and activities on department-owned property; (2) For a violation of an administrative regulation promulgated under subsection (1), (4), or…
KRS § 150.061 Commissioner -- Appointment -- Qualifications -- Term -- Removal -- Vacancies in office -- Compensation -- Oath -- Bond -- Duties -- Annual report -- Salary structure guidelines -- Authority to appoint additional employees if grant funds available
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Vacancies in office -- Compensation -- Oath -- Bond -- Duties -- Annual report -- Salary structure guidelines -- Authority to appoint additional employees if grant funds available. (1) (a) Notwithstanding any provisions of KRS Chapter 18A, 42, 45, 45A, 56, or 64 to the contrary, …
KRS § 150.065 Temporary employees
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The commissioner may employ temporarily such other persons as he may deem necessary or desirable to accomplish the duties and functions assigned by law to the Department of Fish and Wildlife Resources; may fix the compensation and the terms of employment of those employed; and ma…
KRS § 150.081 Political activity forbidden
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While retaining the right to vote as he may please and to express privately his opinion of all political subjects and issues, no employee or officer of the department including the commissioner, shall take any active part in political management or political campaigns, nor shall …
KRS § 150.090 Commissioner's power and duty to appoint all game wardens considered to be necessary for the efficient administration of the department -- Each game warden is individually vested with the powers of a peace officer in all parts of the state -- Employment contract permitted
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to be necessary for the efficient administration of the department -- Each game warden is individually vested with the powers of a peace officer in all parts of the state -- Employment contract permitted. (1) The commissioner shall appoint, promote, or take other employment actio…
KRS § 150.092 Consent requirement for entry upon lands of another person -- Private lands incentive programs -- Arrest and citation authority
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lands incentive programs -- Arrest and citation authority. (1) Persons shall not enter upon the lands of another to shoot, hunt, trap, or fish, or for other wildlife-related recreational purposes, without the oral or written permission of the landowner, tenant, or person who has …
KRS § 150.095 Game wardens may bear arms
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Game wardens are authorized to keep and bear arms upon their person, concealed or otherwise, in the same manner as all other peace officers, and to exercise the use of such arms to such extent as the same may be necessary in the discharge of their duties.
KRS § 150.097 Indemnification by the Commonwealth of game warden who is sued in his or her individual capacity and personally suffers financial loss -- Indemnification contingent upon findings that the act or omission which resulted in liability was lawful and proper and within the officer's scope and course of employment -- Indemnification does not abrogate, limit, or constitute a waiver of any privilege, immunity, or matter of defense otherwise available to the game warden
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or her individual capacity and personally suffers financial loss -- Indemnification contingent upon findings that the act or omission which resulted in liability was lawful and proper and within the officer's scope and course of employment -- Indemnification does not abrogate, li…
KRS § 150.100 Execution of process by commissioner, department personnel and persons appointed by commissioner
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appointed by commissioner. The commissioner, all personnel of the department and all officers and other persons appointed by the commissioner may execute any process issued by a court, enforcing the provisions of this chapter or any law relating to the propagation or protection o…
KRS § 150.105 Destruction or control of animals causing damage
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Notwithstanding any other provisions of this chapter, the commissioner may, with the approval of the commission, authorize game wardens or any other persons to destroy or bring under control in such manner as he deems necessary any wild animal, fish or wild birds, protected or un…
KRS § 150.110 Enforcement of law as to mussels
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The commissioner and game wardens may arrest without warrant anyone violating any of the provisions of KRS 150.520 or any of the rules and regulations made by the department for the protection of mussels under this chapter. They may inspect mussels in any warehouse, boat, store, …
KRS § 150.120 Seizure and sale of contraband
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(1) The commissioner, all game wardens, persons appointed by the commissioner, and all peace officers and their deputies shall seize and take possession of any and all furs, wildlife, guns, dogs, instruments, boats, or devices which have been taken, used, transported, or possesse…
KRS § 150.130 County and Commonwealth's attorneys to enforce laws and regulations
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All county attorneys and Commonwealth's attorneys shall enforce the provisions of this chapter and all regulations adopted hereunder.
KRS § 150.140 Report and payment of moneys by circuit clerk
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Each circuit clerk responsible for the court before whom any prosecution under this chapter for the violation of any law or regulation for the protection of wildlife may be commenced or shall go on appeal shall, within ten (10) days after the end of each month, report in writing …
KRS § 150.150 Game and fish fund -- Mussel beds -- Funds for hunger relief -- Accounting and report -- Contribution to Becoming an Outdoors-Woman Program
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Accounting and report -- Contribution to Becoming an Outdoors-Woman Program. (1) (a) Except as provided in this chapter, all moneys derived from the sale of licenses or from any other source connected with the administration of this chapter shall be promptly paid over to the Stat…
KRS § 150.152 Report of audit of department by Auditor of Public Accounts
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Each year when the Auditor of Public Accounts conducts the statewide single audit of the Commonwealth of Kentucky, the Auditor of Public Accounts shall with respect to the Department of Fish and Wildlife Resources: (1) Examine the separate revenue streams of each account within t…
KRS § 150.160 Disposition of fines
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Sixty percent (60%) of a fine imposed for the violation of this chapter or KRS Chapter 235 shall, when collected, be paid into the game and fish fund.
KRS § 150.165 Nongame fish and wildlife fund
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(1) There is established a special fund to be known as the "Nongame Fish and Wildlife Fund" which shall be under the control of the Department of Fish and Wildlife Resources Commission for the purpose of protecting and preserving nongame fish and wildlife and their habitat. (2) T…
KRS § 150.170 Requirement of hunting, fishing, trapping, or guide's license -- Exceptions -- Rights and privileges of resident owners of private land and bodies of water -- Taking of wildlife causing damage -- Reporting requirements -- Reciprocity with adjoining states -- Exception for active duty or reserve members on military property -- Exemption from live-fire hunter education course component for military or peace officers
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-- Rights and privileges of resident owners of private land and bodies of water -- Taking of wildlife causing damage -- Reporting requirements -- Reciprocity with adjoining states -- Exception for active duty or reserve members on military property -- Exemption from live-fire hun…
KRS § 150.172 Possession and use of firearm for self-defense and defense of others while hunting or trapping -- Exceptions -- Administrative regulations
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hunting or trapping -- Exceptions -- Administrative regulations. (1) Any person who is not prohibited by state or federal law from possessing a firearm may carry a firearm and ammunition for that firearm for purposes of self-defense and defense of others while hunting, fishing, t…
KRS § 150.175 Kinds of licenses and tags -- Multiyear licenses or permits
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The kinds of licenses and tags authorized by this chapter, and the acts authorized to be performed under the licenses and tags, subject to the other provisions of this chapter and subject to administrative regulations promulgated under this chapter, shall be as follows: (1) State…
KRS § 150.177 Special permit for incorporated nonprofit wildlife conservation organization
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organization. In addition to the game permits issued under KRS 150.175, the commission may issue a special permit to an incorporated nonprofit wildlife conservation organization. The commission shall promulgate administrative regulations governing the number of special permits to…
KRS § 150.178 Cooperator permits -- Administrative regulations
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In addition to the game permits issued under KRS 150.175, the commission may promulgate administrative regulations allowing the issuance of cooperator permits to individuals or entities who enroll land with the department for public hunting and meet all applicable regulatory requ…
KRS § 150.179 Waiver of license requirement and discounting of licenses or permits for event supporting a recreational activity -- Free-fishing weekend
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event supporting a recreational activity -- Free-fishing weekend. (1) In this section, "recreational activity" means hunting, fishing, or trapping for sport. (2) For an event or program supporting a recreational activity, the commission may waive the requirement that participants…
KRS § 150.180 Buying, selling, or transporting protected wildlife, mussels and fishes, raw fur, or processed wildlife
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fur, or processed wildlife. (1) Except as otherwise provided for in this chapter, and subject to regulations adopted under this chapter, no person, for himself or as the agent or employee of another shall buy, or sell, or attempt to buy, or sell, barter, exchange, or trade, or ha…
KRS § 150.183 Importing, transporting or possessing endangered species of wildlife
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(1) No person shall import, transport, possess for resale or sell any endangered species of wildlife, the hides, skins, or other parts thereof, or any article made in whole or in part from the skin, hide, or other parts of any species of wildlife designated as an endangered speci…
KRS § 150.186 Release of hog or pig into the wild prohibited -- Importing, possessing, or transporting wild or feral pig or boar prohibited -- Accidental escape of livestock exempted
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transporting wild or feral pig or boar prohibited -- Accidental escape of livestock exempted. (1) No person shall release a hog or pig from the family Suidae into the wild. (2) No person shall import, possess, or transport in Kentucky any wild or feral pig, Eurasian or Russian bo…
KRS § 150.190 Outfitter license or guide's license
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(1) Any applicant for an outfitter license or guide's license shall be required to present proof to the satisfaction of the commissioner that he is qualified to act as a guide or outfitter, as prescribed by administrative regulations of the department. (2) Any applicant for a fur…
KRS § 150.195 Design, issuance, and distribution of licenses and permits -- Administrative regulations
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regulations. (1) The department shall by administrative regulation provide for the control of the design, issuance, distribution, and other matters relating to all licenses and permits issued by the department. (2) The department shall name each county clerk not granted an exempt…
KRS § 150.225 Prescription of license, permit, and registration fees -- Fiduciary capacity of person who collects, receives, possesses, or manages fees
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of person who collects, receives, possesses, or manages fees. (1) The Department of Fish and Wildlife Resources shall, by its commission and through administrative regulation promulgated in accordance with KRS Chapter 13A, prescribe reasonable fees for the licenses, permits, and …
KRS § 150.235 License or permit required -- To be carried on person -- Nonresidents -- Effect of revocation or suspension of license or permit
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Effect of revocation or suspension of license or permit. (1) No person shall perform any act authorized to be performed by any of the various licenses or permits provided for in this chapter without first procuring the type of license which authorizes the performance of the act a…
KRS § 150.236 Effect of revocation or suspension of license by another jurisdiction in United States or Canada
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United States or Canada. A person whose privilege to hunt or fish has been suspended or revoked by any jurisdiction within the United States or Canada shall not purchase or possess a license to hunt or fish, nor shall that person perform any act permitted by the license in Kentuc…
KRS § 150.238 Reciprocal agreements with other states relating to violations of hunting and fishing laws -- Administrative regulations
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and fishing laws -- Administrative regulations. (1) The department may enter into reciprocal agreements with one (1) or more states relating to violations of hunting and fishing laws. Upon entering into such an agreement, the department shall promulgate an administrative regulati…
KRS § 150.240 Contract for game refuge -- Public or commercial shooting areas
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(1) The commissioner, with the approval of the commission, may contract with any landowner of the state, for a specified term of years, to set aside and maintain land as a game refuge. Any such contracts may be recorded in the county clerk's office of the county in which the land…
KRS § 150.250 Contract for wildlife preservation or propagation
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The department, with the approval of the commission, may enter into any contract with the United States government, or any department or agency thereof, or with any individual in regard to the preservation, protection and propagation of wildlife which it may deem to the advantage…
KRS § 150.255 Wetland or stream compensatory mitigation projects -- Mitigation fund -- Purposes
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Purposes. (1) Upon request of any state agency or any other entity, the department may contract with the agency or party to undertake any compensatory mitigation project, including, but not limited to, wetland or stream mitigation. (2) The department may establish and manage wetl…
KRS § 150.260 Wildlife restoration in cooperation with federal government
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Kentucky assents to the provisions of acts of Congress which provide that the United States shall aid the states in wildlife restoration projects, and for other purposes, as approved September 2, 1937, and August 9, 1950, as well as other acts related to wildlife. The department …
KRS § 150.270 Consent to acquisition by United States of migratory bird reservations
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(1) Kentucky consents to the acquisition by the United States by purchase, gift, devise or lease of such areas in Kentucky as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the Migratory Bird Conservation Act, approved…
KRS § 150.275 Permit to take and transport wildlife for commercial nuisance wildlife control, scientific, or educational purposes -- Fees to be set by administrative regulation
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control, scientific, or educational purposes -- Fees to be set by administrative regulation. (1) The commissioner may issue to any qualified person a permit to take and transport wildlife at any time for commercial nuisance wildlife control, scientific, or educational purposes; s…
KRS § 150.280 Propagation and holding of protected wildlife -- Permits -- Revocation for violation of state or federal law
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violation of state or federal law. (1) Except as provided by administrative regulation, a person shall not propagate or hold protected wildlife without obtaining a permit to do so from the department. The department shall promulgate administrative regulations governing all such a…