SB 200

UNOFFICIAL COPY  26 RS BR 367
1AN ACT relating to hunter education.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 150.170 is amended to read as follows:
4 (1)    (a)    Except as provided in the following subsections of this section, and subject to
5administrative regulations promulgated under this chapter, no person,
6resident, or nonresident shall do any act authorized by any kind of license or
7permit or assist in any way any person in doing any act provided for in this
8chapter with respect to wildlife unless he or she holds the kind of license or
9permit, resident or nonresident, that authorizes the act.
10(b)    It shall be the specific purpose of this chapter to prohibit the taking or
11pursuing of any wildlife, protected or unprotected, or the fishing in any stream
12or body of water whether public or private, without first procuring the license
13provided for in KRS 150.175, except to the extent as may be otherwise
14provided in this section.
15(c)    Notwithstanding any provision of law to the contrary, a person, resident or
16nonresident, eighteen (18) years of age or older shall not be required to take
17a hunter education course in order to obtain a license or permit issued by
18the department under this chapter.
19 (2)    A person under sixteen (16) years of age may, without a sport fishing license, take
20fish by angling, or take minnows by the use of a minnow seine, minnow trap, or dip
21net.
22 (3)    A person under twelve (12) years of age shall be exempt from being required to
23obtain a sport hunting or sport trapping license as required by this chapter.
24 (4)    The resident owner of farmlands or his or her spouse or dependent children shall,
25without procuring any sport hunting or sport fishing licenses, have the right to take
26fish or hunt during the open season, except trapping, on farmlands of which they are
27bona fide owners. Tenants or their dependent children residing upon these
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1farmlands shall have the same privilege.
2 (5)    Residents or nonresidents observing and participating in field trials, training
3exercises, or other competitions as authorized by the department may observe and
4participate without obtaining a hunting or guide's license so long as game is not
5taken.
6 (6)    Any resident serviceman on furlough of more than three (3) days in this state may,
7without any Kentucky sport hunting or sport fishing licenses, do any act authorized
8by the licenses, but while so doing he or she shall carry on his or her person proper
9identification and papers showing his or her furlough status.
10 (7)    Landowners, their spouses or dependent children, or their designee who must be
11approved by the commissioner, who kill or trap on their lands any wildlife causing
12damage to the lands or any personal property situated thereon shall not be required
13to have a hunting or trapping license and may do so during periods other than the
14open season for the particular species without a tag and dispose of the carcass on-
15site. Tenants, their spouses, their dependent children, or other persons approved by
16the commissioner, shall also have the same privilege. Upon destruction of any
17wildlife by the above-specified individuals, the act shall be reported to a game
18warden within twenty-four (24) hours of the kill. Individuals wishing to transport
19the carcass from the property upon which it was killed shall contact personnel of the
20department to request a disposal tag or other authorization. Inedible parts from
21wildlife taken under the authorization of this section shall not be utilized for any
22purpose and shall be destroyed or left afield. The department shall promulgate
23administrative regulations establishing procedures for the designee appointment
24process, including request and approval deadlines.
25 (8)    If a reciprocal agreement is entered into by the commissioner, with the approval of
26the commission, and promulgated as an administrative regulation by the department
27and similar action is taken by the appropriate authority in Missouri, Tennessee,
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1Virginia, West Virginia, Indiana, Ohio, or Illinois, persons holding a resident or
2nonresident fishing or a resident or nonresident hunting license issued in these
3states shall be permitted to perform the acts authorized by the license upon certain
4contiguous waters and land areas adjacent to the common boundaries of the above-
5mentioned states and the State of Kentucky. A resident of the State of Kentucky
6shall purchase a proper Kentucky license to conform with the reciprocal agreement.
7 (9)    Any member of the Kentucky Army or Air National Guard, active duty or Reserve
8Component, in any branch in the United States Armed Forces that is based in the
9Commonwealth of Kentucky, shall have the right to take fish or hunt on any
10military property belonging to the Commonwealth without procuring any sport
11hunting or sport fishing license[.
12 (10) A person not otherwise exempted from hunter safety education or from procuring
13any sport hunting or sport fishing license shall be exempt from the department-
14sanctioned live-fire exercise component of the hunter education course requirement
15if he or she:
16(a)    Is a current member of the Armed Forces of the United States;
17(b)    Has served in the Armed Forces of the United States and was discharged or
18released therefrom under conditions other than dishonorable; or
19(c)    Is a peace officer certified pursuant to KRS 15.380 to 15.404].
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