RELATES TO:

KRS 150.250, 150.620, 150.990

STATUTORY AUTHORITY:

KRS 150.025(1), 150.195(4)(f), (g), 150.620

CERTIFICATION STATEMENT:

The Kentucky Department of Fish and Wildlife Resources, pursuant to statutory authority to promulgate administrative regulations to carry out the provisions of KRS Chapter 150 as established in KRS 150.025 and as an independent department of state government within the meaning of KRS Chapter 12 as established in KRS 150.021(1), promulgated by the Commissioner with approval of the Commission in accordance with KRS 150.010(1), does hereby certify this administrative regulation is promulgated in compliance with Section 8 of 2025 RS HB6.

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 150.620 authorizes the department's commission to acquire lands for public use, to promulgate administrative regulations for their management, and to charge fees for their use. KRS 150.195(4)(f) and (g) authorize the department to establish the term and manner of license and permit sales. KRS 150.025(1) authorizes the department to promulgate administrative regulations necessary to carry out the purposes of KRS Chapter 150. This administrative regulation establishes a permit for public use of the Peabody Wildlife Management Area and places necessary restrictions on the area's use by the public.

1. Section 1. Permits Required. Except as established in Sections 3 and 4 of this administrative regulation, a person sixteen (16) years or older while on the Peabody Wildlife Management area (PWMA) in Hopkins, Ohio, and Mulhenburg Counties owned or managed by the Department of Fish and Wildlife Resources shall:

   1. (1) Have in his or her possession a Peabody Wildlife Management Area user permit; or
   2. (2) Be a member of a group with an event permit, either an individual event permit or annual event permit.

2. Section 2. Individual and Annual Event Permits.

   1. (1) In lieu of individual user permits, a person representing a group using the PWMA shall have in possession both an event permit and the Wildlife Management Area Use Permit as established in 301 KAR 3:010, Section 5.

   2. (2) An event permit shall:

      1. (a) Apply to each member of the group;

      2. (b) Include:

         1. 1. If it is an individual event permit, the permit's period of validity, not to exceed four (4) days or, if it is an annual event permit, the dates the permit is not valid;
         2. 2. The activities in which the group will engage;
         3. 3. The name of the group; and
         4. 4. The name and address of an individual representing the group.

   3. (3) The department may:

      1. (a) Limit the number of event permits issued; or
      2. (b) Assign a specific location for an event.

   4. (4) The department shall:

      1. (a)

         1. 1. Deny the application for an event that would interfere with:

            1. a. A management objective for the PWMA; or
            2. b. Other uses or users; or
         2. 2. Revoke individual or event permits for violations of the terms of the application or this administrative regulation; and
      2. (b) Not issue an event permit for an event at which wildlife is taken.

3. Section 3. Permit Exceptions. An individual or event permit shall not be required of a person:

   1. (1) On official business and employed by or an agent of:

      1. (a) Peabody Coal Company;
      2. (b) Beaver Dam Coal Company;
      3. (c) Peabody Holding Company; or
      4. (d) The Kentucky Department of Fish and Wildlife Resources:
   2. (2) En route through the PWMA on a state or county road; or

   3. (3) On the PWMA:

      1. (a) As a necessary part of his or her job; or
      2. (b) For the protection of public safety or well-being.

   4. (4) A shooting range permit shall not be required of a person who:

      1. (a) Holds a Peabody Wildlife Management Area use permit; or
      2. (b) Is a member of a group that holds a Peabody WMA Event Permit and a Wildlife Management Area Use Permit, pursuant to 301 KAR 3:010, Section 5, for an event on the shooting range.
   5. (5) All individuals shall follow safety rules and provisions for use of a shooting range as established in 301 KAR 3:015.

4. Section 4. Permit Applications.

   1. (1) An applicant for an individual permit shall:

      1. (a) Apply at an authorized license agent; and
      2. (b) Pay the fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.

   2. (2) An applicant for an event permit shall:

      1. (a) Apply on the Peabody WMA Event Permit Application; and
      2. (b) Pay the fee as referenced at https://fw.ky.gov/Licenses/Pages/Fees.aspx and established in 301 KAR 5:022.
   3. (3) The department shall keep applications and copies of event permits issued in a retrievable form for a minimum of one (1) year after the permits expire.

5. Section 5. Prohibited Activities. While on the PWMA, a person shall not:

   1. (1) Swim for recreational purposes;
   2. (2) Camp, except in a primitive fashion along an existing road;
   3. (3) Leave a campfire unattended;

   4. (4) Operate a motorized vehicle:

      1. (a) Off an existing road; or
      2. (b) Where prohibited by signs;
   5. (5) Block a road or gate;
   6. (6) Park, except in a designated parking area unless none are available;
   7. (7) Park or camp within 100 feet of well heads;
   8. (8) Target shoot, except at a designated area;
   9. (9) Construct a permanent structure;
   10. (10) Leave a temporary blind or stand in place overnight;

   11. (11) Operate a boat:

       1. (a) With a centerline exceeding eighteen (18) feet six (6) inches in length, except:

          1. 1. A canoe shall not have a length restriction; and
          2. 2. A pontoon boat shall not exceed twenty-two (22) feet in length;
       2. (b) At greater than idle speed; or

       3. (c) With an internal combustion engine on:

          1. 1. Goose Lake;
          2. 2. Island Lake; or
          3. 3. South Lake.

6. Section 6. Incorporation by Reference.

   1. (1) "Peabody WMA Event Permit Application", May 2025; is incorporated by reference.
   2. (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or online at: https://fw.ky.gov/Licenses/Documents/Peabody-Event-Permit-App.pdf.

History

(301 KAR 003:013. 19 Ky.R. 2531; Am. 20 Ky.R. 67; eff. 6-23-1993; 23 Ky.R. 3398; 3752; eff. 5-14-1997; 30 Ky.R. 412; 2572; eff. 10-31-2003; 31 Ky.R. 352; eff. 8-26-2004; 48 Ky.R. 906, 2698; eff. 6-9-2022; 52 Ky.R. 300; eff. 11-6-2025; Recodified from 301 KAR 004:100, 12-2-2025; 52 Ky.R. 1400, 1807; eff. 6-4-2026.)

CONTACT PERSON: Jenny Gilbert, Legislative Liaison, Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, (502) 564-3400, fax: (502) 564-0506, email: fwpubliccomments@ky.gov