Ky. Rev. Stat. § 150.010

Current through 2024 Ky. Acts ch.225

Section 150.010 - Definitions for chapter

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 by hook and line in hand, rod in hand, jugging, setline, or sport fishing trotline;

(3) "Buy" includes offering to buy, acquiring, or possessing through purchase, barter, exchange, or trade;

(4) "Cervid" means a hoofed mammal from the family Cervidae, including but not limited to white-tailed deer, mule deer, elk, moose, and caribou;

(5) "Commercial trotline" means a line to which are attached more than fifty (50) single or multibarbed baited hooks, which shall not be placed closer than eighteen (18) inches;

(6) "Commission" means the Department of Fish and Wildlife Resources Commission;

(7) "Commissioner" means the commissioner of the Department of Fish and Wildlife Resources;

(8) "Daylight hours" means the period from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset;

(9) "Device" means any article, instrument, or equipment of whatever nature or kind which may be used to take wild animals, wild birds, or fishes;

(10) "Department" means the Department of Fish and Wildlife Resources;

(11) "Dependent child" means any of the following:

(a) A permanent resident, or a part-time resident pursuant to a shared custody agreement under KRS Chapter 403, who is:

1. A natural or legally adopted child of the landowner of the property;

2. A stepchild of at least one (1) landowner of the property; or

3. A child under the care of the landowner who is fictive kin, as defined in KRS 199.011, to the child; or

(b) A child, regardless of age, who has been determined to be eligible for federal Social Security disability benefits or is being claimed as a qualifying child for tax purposes due to the child's total and permanent disability;

(12) "Fishing" means to take or attempt to take in any manner, whether the fisherman has fish in possession or not;

(13) "Game warden" means any member of the Kentucky Department of Fish and Wildlife Resources Law Enforcement Division appointed pursuant to KRS 150.090, who possesses the powers of a peace officer;

(14) "Gigging" means the taking of fish by spearing or impaling on any pronged or barbed instrument attached to the end of any rigid object;

(15) "Grabbing" means the taking of fish, frogs, or turtles directly by hand or with the aid of a handled hook;

(16) "Guide" means a person who holds a guide's license issued according to the requirements of this chapter and the administrative regulations promulgated hereunder;

(17) "Hunting" means to take or attempt to take in any manner, whether the hunter has game in possession or not;

(18) "Identification tag" means a marker made of specified material upon which a name and address or number is placed and attached to unattended gear to designate ownership or responsible operator;

(19) "Impounded waters" means any public waters backed up behind a dam and includes all water upstream from the dam to the first riffle or shoal;

(20) "Jugging" means a means of fishing by which a single baited line is attached to any floating object;

(21) "License" means any document issued by the department authorizing its holder to perform acts authorized by the license and includes any other form of authorization in addition to or in lieu of an actual document which may be authorized by the department by administrative regulation;

(22) "Light geese" means snow geese and Ross's geese;

(23) "Light geese conservation order" means a wildlife management action needed to control populations of light geese for a period of time established pursuant to 50 C.F.R. sec. 21.60 ;

(24) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species;

(25) "Migratory shore or upland game birds" means all species of migratory game birds except waterfowl;

(26) "Minnows" means all fish under six (6) inches in length, except basses, either largemouth, smallmouth or Kentucky; rock bass or goggle-eye; trout; crappie; walleye; sauger; pike; members of the striped bass family; and muskellunge;

(27) "Navigable waters" means any waters within this state under lock and dam;

(28) "Nonresident" means a person who has not established a permanent domicile in this state and has not resided in this state for thirty (30) days immediately prior to his or her application for a license;

(29) "Outfitter" means a person who holds a resident or nonresident outfitter license issued according to the requirements of this chapter and the administrative regulations promulgated hereunder;

(30) "Permit" means any document issued by the department authorizing its holder to perform acts authorized by the permit and includes tags or devices as evidence of holding a permit and includes any other form of authorization in addition to or in lieu of an actual document authorized by the department by administrative regulation;

(31) "Possess" means the act of having or taking into control;

(32) "Prescribed by the department" means established by an administrative regulation;

(33) "Processed wildlife" means any wildlife specimen or parts thereof that have been rendered into a permanently preserved state;

(34) "Protected wildlife" means all wildlife except those species declared unprotected by administrative regulations promulgated by the department;

(35) "Public roadway" includes rural roads, highways, bridges, bridge approaches, city streets, viaducts, and bridges which are normally traveled by the general public and are under the jurisdiction of a state, federal, county, or municipal agency;

(36) "Public waters" means all waters within the state flowing in a natural stream channel or impounded on a natural stream;

(37) "Raw fur" means a hide, fur, or pelt of a fur-bearing animal which has not been processed. Skinning, stretching, oiling, or coloring of the pelt of the animal shall not be considered processing;

(38) "Resident" means any person who has established permanent domicile and legal residence and has resided in this state for thirty (30) days immediately prior to his or her application for a license. All other persons shall be classed as nonresidents, except students enrolled for at least six (6) months in an educational institution as full-time students and military personnel of the United States who are under permanent assignment, shall be classified as residents while so enrolled or assigned in this state;

(39) "Resist" means to leave the scene, intimidate or attempt to intimidate in any manner, or further interfere in any manner with any officer in the discharge of his or her duties;

(40) "Rough fish" means all species of fishes other than those species designated by administrative regulation as sport fishes;

(41) "Sell" includes offering to sell, having or possessing for sale, barter, exchange, or trade;

(42) "Setline" means a line to which is attached one (1) single or multibarbed hook. This line may be attached to a tree limb, tree trunk, bank pole, or other stationary object, on the bank of a stream or impoundment;

(43) "Shooting range" or "range" means a public facility on lands owned or managed by the department or a facility owned or managed by an affiliated partner of the department that is designated for the shooting of firearms or archery equipment;

(44) "Snagging" means the taking of fish or other aquatic animals through the use of a hand-held pole and attached line with single or multiple fish hooks in which the fish is hooked by a rapid drawing motion rather than enticement by bait;

(45) "Sports fishing trotline" means a line to which are attached no more than fifty (50) single or multibarbed baited hooks which shall not be placed closer together than eighteen (18) inches;

(46) "Take" includes pursue, shoot, hunt, wound, catch, kill, trap, snare, or capture wildlife in any way and any lesser act designed to lure, attract, or entice for these purposes; and to place, set, aim, or use any device, animal, substance, or agency which may reasonably be expected to accomplish these acts; or to attempt to do these acts or to assist any other person in the doing of or the attempt to do these acts;

(47) "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;

(48) "Transport" means to carry, move, or ship wildlife from one (1) place to another;

(49) "Waterfowl" means all species of wild ducks, geese, swans, mergansers, and coots; and

(50) "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.

KRS 150.010

Amended by 2024 Ky. Acts ch. 159,§ 6, eff. 7/15/2024.

Amended by 2020 Ky. Acts ch. 115,§ 2, eff. 7/14/2020.

Amended by 2019 Ky. Acts ch. 115,§ 1, eff. 6/26/2019.

Amended by 2019 Ky. Acts ch. 167,§ 1, eff. 6/26/2019.

Amended by 2017 Ky. Acts ch. 129,§ 4, eff. 6/29/2017.

Effective:7/15/1998
Amended 1998, Ky. Acts ch. 512, sec. 1, effective7/15/1998. -- Amended 1996, Ky. Acts ch. 268, sec. 1, effective 7/15/1996. -- Amended 1994 Ky. Acts ch. 239, sec. 3, effective 7/15/1994. -- Amended 1990 Ky. Acts ch. 474, sec. 1, effective 7/13/1990. -- Amended 1988 Ky. Acts ch. 365, sec. 1, effective 7/15/1988. -- Amended 1986 Ky. Acts ch. 265, sec. 1, effective 7/15/1986. -- Amended 1978 Ky. Acts ch. 178, sec. 1, effective 6/17/1978. -- Amended 1972 Ky. Acts ch. 273, sec. 1. -- Amended 1968 Ky. Acts ch. 38, sec. 1. -- Amended 1956 Ky. Acts ch. 115, sec. 1. -- Amended 1952 Ky. Acts ch. 200, sec. 1. -- Amended 1948 Ky. Acts ch. 78, sec. 2. -- Amended 1946 Ky. Acts ch. 84, sec. 1. -- Amended 1944 Ky. Acts ch. 6, sec. 2; and ch. 124, sec. 1. -- Amended 1942 Ky. Acts ch. 68, sec. 1. --Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. secs. 1893d-10, 1954-2.