Kentucky Statutes 150.092 – Consent requirement for entry upon lands of another person — Private lands incentive programs — Arrest and citation authority
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(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 authority to grant permission.
(2) The department may promulgate administrative regulations pursuant to KRS Chapter 13A to establish private lands incentive programs encouraging voluntary access to private lands for hunting, fishing, or other wildlife-related recreation, while at the same time protecting the rights of private property owners. Participation in these programs shall not waive any protection granted to the landowner by KRS
150.645 or 411.190.
(3) A fish and wildlife law enforcement officer may arrest or issue a citation to any person who is in violation of this section or the administrative regulations adopted thereunder.
(4) Persons who enter upon the lands of another to shoot, hunt, trap, or fish, or for other wildlife-related recreational purposes, shall not, through their actions, cause damage to any buildings, fences, crops, livestock or domestic animals, machinery, or other property while upon these lands.
(5) Nothing in this section shall be construed to limit the existing powers of peace officers.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 250, sec. 1, effective July 15, 1996. — Amended
1990 Ky. Acts ch. 474, sec. 2, effective July 13, 1990. — Amended 1988 Ky. Acts ch.
365, sec. 2, effective July 15, 1988. — Amended 1976 Ky. Acts ch. 227, sec. 3. — Created 1960 Ky. Acts ch. 74, sec. 2, effective June 16, 1960.
(2) The department may promulgate administrative regulations pursuant to KRS Chapter 13A to establish private lands incentive programs encouraging voluntary access to private lands for hunting, fishing, or other wildlife-related recreation, while at the same time protecting the rights of private property owners. Participation in these programs shall not waive any protection granted to the landowner by KRS
Terms Used In Kentucky Statutes 150.092
- Arrest: Taking physical custody of a person by lawful authority.
- Department: means the Department of Fish and Wildlife Resources. See Kentucky Statutes 150.010
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Fishing: means to take or attempt to take in any manner, whether the fisherman has fish in possession or not. See Kentucky Statutes 150.010
- 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
- Livestock: means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. See Kentucky Statutes 150.010
- Tenant: means any resident sharecropper, lessee, or any other person actually engaged in work upon a farm or lands and residing in a dwelling on the farms or lands including noncontiguous lands, but shall not include any other employee or tenant unless actually residing on the property and engaged or employed as above mentioned. See Kentucky Statutes 150.010
- 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
150.645 or 411.190.
(3) A fish and wildlife law enforcement officer may arrest or issue a citation to any person who is in violation of this section or the administrative regulations adopted thereunder.
(4) Persons who enter upon the lands of another to shoot, hunt, trap, or fish, or for other wildlife-related recreational purposes, shall not, through their actions, cause damage to any buildings, fences, crops, livestock or domestic animals, machinery, or other property while upon these lands.
(5) Nothing in this section shall be construed to limit the existing powers of peace officers.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 250, sec. 1, effective July 15, 1996. — Amended
1990 Ky. Acts ch. 474, sec. 2, effective July 13, 1990. — Amended 1988 Ky. Acts ch.
365, sec. 2, effective July 15, 1988. — Amended 1976 Ky. Acts ch. 227, sec. 3. — Created 1960 Ky. Acts ch. 74, sec. 2, effective June 16, 1960.