Kentucky Statutes 150.0241 – Access to and use of commission-managed lands for hunting — Duties of commission and other state agencies — Reports
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(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 Commonwealth over which the commission holds management authority, or those privately owned lands that are leased or managed by the commission; and
(c) “Hunting” means the lawful pursuit, trapping, shooting, capture, collection, or killing of wildlife or the lawful attempt to do the same.
(2) Commission-managed lands shall be open to access and use for hunting except as limited by the commission for reasons of fish or wildlife management, or as otherwise limited by a statute outside KRS Chapter 150 or 235.
(3) The commission, in exercising its authority under the Constitution of the Commonwealth of Kentucky and statutes, shall exercise its authority consistent with subsection (2) of this section, in a manner that supports, promotes, and enhances hunting opportunities to the extent authorized by law.
(4) Commission land management decisions and actions, including decisions made by private owners to close land managed by the commission, shall not result in any net loss of habitat land acreage available for hunting opportunities on commission-managed lands that exists on July 15, 2010. The commission shall expeditiously find replacement acreage for hunting to compensate for closures of any existing hunting land. Replacement lands shall, to the greatest extent possible, be located within the same commission district and shall be consistent with the hunting discipline that the commission allowed on the closed land.
(5) Any state agency that owns or manages lands shall assist and coordinate and cooperate with the commission to allow hunting on these lands if the lands are determined by the commission and that agency to be suitable for hunting. To ensure no net loss of land acreage available for hunting, state agencies shall cooperate with the commission to open new, additional hunting lands to replace lost hunting acreage. Lands officially designated as units within the state park system may be considered for replacement hunting lands and may be open for hunting when necessary as a wildlife control or management tool as determined by the Department of Parks.
(6) By October 1 of each year, the commissioner shall submit to the Legislative Research Commission and the Interim Joint Committee on Natural Resources and Environment a written report describing:
(a) The acreage managed by the commission that was closed to hunting during the previous fiscal year and the reasons for the closures; and
(b) The acreage managed by the commission that was opened to hunting to compensate for closures of existing land pursuant to subsection (4) of this section.
(7) By October 1 of each year, any state agency that owns or manages lands shall submit a written report to the commission, the Legislative Research Commission, and the Interim Joint Committee on Natural Resources and
Environment describing:
(a) A list of properties that were open for hunting during the previous fiscal year;
(b) A list of properties that were not open for hunting during the previous fiscal year; and
(c) 1. The acreage for each property and the county where each property is located, including lands on which a right-of-way exists which make the lands unsuitable for hunting, and an explanation of why the right-of-way makes the land unsuitable for hunting; and
2. Parcels under fifty (50) acres. No agency shall subdivide land it owns or manages into parcels under fifty (50) acres in an attempt to avoid compliance with the provisions of this section.
(8) The first report under this section shall be due no later than October 1, 2010.
Effective:April 13, 2022
History: Amended 2022 Ky. Acts ch. 197, sec. 5, effective April 13, 2022. — Created 2010 Ky. Acts ch. 158, sec. 4, effective July 15, 2010.
(b) “Commission-managed lands” means those lands owned by the commission, those lands owned by the Commonwealth over which the commission holds management authority, or those privately owned lands that are leased or managed by the commission; and
Terms Used In Kentucky Statutes 150.0241
- Commission: means the Department of Fish and Wildlife Resources Commission. See Kentucky Statutes 150.010
- Commissioner: means the commissioner of the Department of Fish and Wildlife
Resources. See Kentucky Statutes 150.010 - Department: means the Department of Fish and Wildlife Resources. See Kentucky Statutes 150.010
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Hunting: means to take or attempt to take in any manner, whether the hunter has game in possession or not. See Kentucky Statutes 150.010
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Wildlife: means any normally undomesticated animal, alive or dead, including without limitations any wild mammal, bird, fish, reptile, amphibian, or other terrestrial or aquatic life, whether or not possessed in controlled environment, bred, hatched, or born in captivity and including any part, product, egg, or offspring thereof, protected or unprotected by this chapter. See Kentucky Statutes 150.010
- Year: means calendar year. See Kentucky Statutes 446.010
(c) “Hunting” means the lawful pursuit, trapping, shooting, capture, collection, or killing of wildlife or the lawful attempt to do the same.
(2) Commission-managed lands shall be open to access and use for hunting except as limited by the commission for reasons of fish or wildlife management, or as otherwise limited by a statute outside KRS Chapter 150 or 235.
(3) The commission, in exercising its authority under the Constitution of the Commonwealth of Kentucky and statutes, shall exercise its authority consistent with subsection (2) of this section, in a manner that supports, promotes, and enhances hunting opportunities to the extent authorized by law.
(4) Commission land management decisions and actions, including decisions made by private owners to close land managed by the commission, shall not result in any net loss of habitat land acreage available for hunting opportunities on commission-managed lands that exists on July 15, 2010. The commission shall expeditiously find replacement acreage for hunting to compensate for closures of any existing hunting land. Replacement lands shall, to the greatest extent possible, be located within the same commission district and shall be consistent with the hunting discipline that the commission allowed on the closed land.
(5) Any state agency that owns or manages lands shall assist and coordinate and cooperate with the commission to allow hunting on these lands if the lands are determined by the commission and that agency to be suitable for hunting. To ensure no net loss of land acreage available for hunting, state agencies shall cooperate with the commission to open new, additional hunting lands to replace lost hunting acreage. Lands officially designated as units within the state park system may be considered for replacement hunting lands and may be open for hunting when necessary as a wildlife control or management tool as determined by the Department of Parks.
(6) By October 1 of each year, the commissioner shall submit to the Legislative Research Commission and the Interim Joint Committee on Natural Resources and Environment a written report describing:
(a) The acreage managed by the commission that was closed to hunting during the previous fiscal year and the reasons for the closures; and
(b) The acreage managed by the commission that was opened to hunting to compensate for closures of existing land pursuant to subsection (4) of this section.
(7) By October 1 of each year, any state agency that owns or manages lands shall submit a written report to the commission, the Legislative Research Commission, and the Interim Joint Committee on Natural Resources and
Environment describing:
(a) A list of properties that were open for hunting during the previous fiscal year;
(b) A list of properties that were not open for hunting during the previous fiscal year; and
(c) 1. The acreage for each property and the county where each property is located, including lands on which a right-of-way exists which make the lands unsuitable for hunting, and an explanation of why the right-of-way makes the land unsuitable for hunting; and
2. Parcels under fifty (50) acres. No agency shall subdivide land it owns or manages into parcels under fifty (50) acres in an attempt to avoid compliance with the provisions of this section.
(8) The first report under this section shall be due no later than October 1, 2010.
Effective:April 13, 2022
History: Amended 2022 Ky. Acts ch. 197, sec. 5, effective April 13, 2022. — Created 2010 Ky. Acts ch. 158, sec. 4, effective July 15, 2010.