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View Full Version : nuisance deer laws for landowners?



corndogggy
11-06-2007, 08:57 AM
This weekend I found out that a certain unnamed guy I know near where I hunt is shooting deer that comes into his garden. If they walked into the garden, he'd go plug it, then haul the carcass back into the woods to rot. He's even shot at least two fawns. How many times this has happened depends on who you ask. I seriously doubt this is happening in the broad daylight but I don't know.

He thinks this is completely legal since he's the landowner and he's not eating them, but I know he doesn't have any farm tags and commercial crops aren't growing on that farm anyway. I obviously don't agree with this so I've tried to look up the laws but can't find anything, figured one of you would know for sure. He openly talks about it so if it comes up again I'd like to be able to say something about it.

It's just so stupid, he plants pretty much the perfect food plot which is the only source of planted food like that for what I can tell is well over 1,000 acres, doesn't put up a fence, then gets mad when the deer come eat it. Not really sure what he expected to happen.

michunter
11-06-2007, 09:04 AM
Well I would call the local CO for your area . Tell him what is going on . Even if this guy is doing it legal maybe the CO could get him to call and donate the deer for the hungry . Nothing more than makes me mad when someone lets a animal goto waste .I know it is a crock , but hey maybe find out if you can hunt his land . Is he that big of a jerk if so make it hard on him .

slickhead slayer
11-06-2007, 09:12 AM
If he is harvesting more deer than allowed by state tags he HAS to have farm deprevation tags.
If he wants to shoot as many as that zone allows he may do so by using landowner tags at no cost. But he still has to tag them and call them in.

I would say he is probably illegal in some manner. call the CO.

Multidigits
11-06-2007, 09:17 AM
If he is harvesting more deer than allowed by state tags he HAS to have farm deprevation tags.
If he wants to shoot as many as that zone allows he may do so by using landowner tags at no cost. But he still has to tag them and call them in.

I would say he is probably illegal in some manner. call the CO.


Correct answer, except wait until you know he has a dead one on the ground, then call till you get a CO or local police or State police man to document it.

aceoky
11-06-2007, 09:57 AM
Does KY not have a landowner permit? Is he in a unit where you can kill does daily? Here in my unit of TN I can kill 3 does/day EVERY DAY of the season.

Most "gardening" is not done during gun season......:)

I'd guess he "could" get crop damage permits, but he may not have done so??? In which case it is NOT legal...

Multidigits
11-06-2007, 11:10 AM
He can kill the deer in season with legal weapons until he reaches the limit, if there is one. But he has to call them in same as anyone else. His name should be on the Telechek list if he's legit.

barney
11-06-2007, 01:22 PM
If he is harvesting more deer than allowed by state tags he HAS to have farm deprevation tags.
If he wants to shoot as many as that zone allows he may do so by using landowner tags at no cost. But he still has to tag them and call them in.

I would say he is probably illegal in some manner. call the CO.
I dont know about now, but 6 years ago my CO told me after a lengthy disscusion,that I could do what ever I needed to do to control the deer in my crops! I cant just go out and shoot deer anytime I see them but, if they are in my crops doing damage I can take care of the problem. No different than a yote killing calfs, or a fox or stray dog in the hen house!

str8 shot
11-06-2007, 07:03 PM
Well i just got through watching the ky afeild call in show and they said that if you are the landowner you can shoot deer without a license for them.but if you lease it or just work on the farm you cannot...you have to own the land

tenntucky
11-06-2007, 07:13 PM
Is there not a law about intentionaly wasteing a game animal.I>E> Draggin it into the brush and leavin it.....Is this guy a vegetarian or just stupid?

str8 shot
11-06-2007, 07:17 PM
maybe this is a good thing for you...ask him for the meat from em

barney
11-06-2007, 07:24 PM
Is there not a law about intentionaly wasteing a game animal.I>E> Draggin it into the brush and leavin it.....Is this guy a vegetarian or just stupid?
A one time thats what I had to do. now you can use the meat but cant keep the rack!:rolleyes:

slickhead slayer
11-06-2007, 09:50 PM
Well i just got through watching the ky afeild call in show and they said that if you are the landowner you can shoot deer without a license for them.but if you lease it or just work on the farm you cannot...you have to own the land

You still have to tag them on landowner tags, and call them in.
And unless its changed "tenant farmers" could also kill them without purchasing a license or tag.

KYBOY
11-07-2007, 07:49 PM
Its not that hard to get crop damage tags. Well usually. I know I farmer who had all kinds of damage but couldent get any for some reason this year. Most of the time you can show the CO the damage and he will hook you up..

tenntucky
11-07-2007, 08:12 PM
If a farmer needs help all he has to do is get the word out and I figure he won't have any trouble gettin a bunch of folks with their own tags. Ya think?

KYBOY
11-07-2007, 08:15 PM
Yea but they cant get help in July when the damage is occuring...

tenntucky
11-07-2007, 08:16 PM
yep...didn't think of that.

KYBOY
11-07-2007, 08:20 PM
Your right though. Granting permission would help a lot of next years problems.

Ky mustang
11-08-2007, 05:43 AM
301 KAR 2:176. Deer control tags.



RELATES TO: KRS 150.010, 150.105, 150.170, 150.175, 150.340, 150.360, 150.390, 150.395, 150.990

STATUTORY AUTHORITY: KRS 150.025, 150.105

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.105 allows the commissioner to authorize the destruction of wildlife that is causing damage. KRS 150.025 authorizes the department to promulgate administrative regulations regulating the taking of wildlife. This administrative regulation establishes the procedures under which deer may be taken to alleviate localized agricultural and wildlife habitat damage until it is appropriate to apply deer herd stabilization or reduction measures on a county-wide basis through regular hunting seasons.



Section 1. Definitions. (1) "Damage to wildlife habitat" means:

(a) The existence of a browse line caused by deer; or

(b) Damage to more than thirty-five (35) percent of native plant species preferred by deer.

(2) "Deer control tag" means a tag issued by the department which authorizes a hunter to take antlerless deer during an open deer season.

(3) "Deer destruction permit" means written authorization from the department, pursuant to KRS 150.105, to take deer outside the regular hunting season framework.

(4) "Deer food plot" means a crop grown to attract and feed deer.

(5) "Department representative" means a department employee who is qualified and authorized by the commissioner to assess deer damage.

(6) "Landowner" means the person who has title to a particular property.



Section 2. Qualifying for Deer Control Tags. (1) A landowner with fewer than 1,000 contiguous acres shall qualify for deer control tags if:

(a) He has permitted deer hunting on the property during the previous deer season;

(b) Standard deterrent measures recommended by a department representative have proven ineffective or are impractical; and

(c) A department representative certifies deer damage to crops, gardens, property or wildlife habitat.

(2) A landowner with 1,000 contiguous acres or more shall qualify for deer control tags without evidence of damage if:

(a) He has permitted deer hunting on the property during the previous deer season;

(b) According to the judgement of the department representative, regular deer seasons are inadequate to control deer populations on the property; and

(c) The landowner agrees to:

1. Follow the deer management practices recommended by the department representative; and

2. Supply the department with weight, age and condition data on deer taken from his property.

(3) A department representative shall make an on-site inspection of each property for which a request for deer control tags has been made, unless the property:

(a) Has been previously inspected by the department and the landowner affirms that deer damage still exists; or

(b) Is immediately adjacent to property assessed by a department representative as having severe deer damage.

(4) A landowner whose property is immediately adjacent to property assessed by a department representative as having severe deer damage shall be issued damage control tags upon request of the landowner, even if there is no evidence of deer damage on his or her property.

(5) The department shall not issue deer control tags to a landowner whose only damage is to a deer food plot.



Section 3. Applying for Deer Control Tags. (1) A landowner wishing to apply for deer control tags shall contact the department through:

(a) A conservation officer;

(b) The appropriate district wildlife biologist; or

(c) The Division of Wildlife in Frankfort.

(2) If required by Section 2 of this administrative regulation, a department representative shall visit the property and assess the nature and extent of deer damage.

(3) A request for an assessment shall be made on or before September 30 to be eligible for current year damage control tags.

(4) A request for an assessment made after September 30 shall be considered for the following year.



Section 4. Number of Tags Issued. (1) The department shall determine the number of deer control tags to be issued for each landholding based on the recommendation of the department representative.

(2) Except as provided in Section 2(2) or (4) of this administrative regulation, the department shall not issue a deer control tag if:

(a) The county deer season is adequate to achieve the desired reduction in deer numbers; or

(b) Crop or environmental damage is not present.



Section 5. Transfer of Deer Control Tags. (1) Deer control tags shall be issued in the landownerís name.

(2) A landowner:

(a) May transfer a deer control tag to another person;

(b) Shall not issue more than five (5) deer control tags to an individual;

(c) Shall require hunters to sign a deer control tag at the time of transfer; and

(d) Shall return unissued tags to the department before January 25.



Section 6. Use of Deer Control Tags. (1) A deer control tag shall not be valid except on the landholding for which it was issued.

(2) A deer control tag shall expire after the license year for which it was issued.

(3) A person using a deer control tag:

(a) Shall have in his possession:

1. A deer control tag with his signature; and

2. A valid hunting license and the receipt portion of a current deer permit, unless exempt from license or permit requirements by KRS 150.170;

(b) May use deer control tags during archery, crossbow, and gun or muzzle-loader seasons to take antlerless deer;

(c) Shall not take more than five (5) deer per license year with deer control tags; and

(d) Shall abide by the provisions of 301 KAR 2:172, except that he shall:

1. Not take antlered deer;

2. Tag deer with the deer control tag rather than the carcass tag portion of the deer permit.

(4) Deer taken with a deer control tag shall not count toward the annual limit as specified in 301 KAR 2:172.



Section 7. Deer Destruction Permits. (1) The department may issue a deer destruction permit:

(a) To a landowner:

1. Who continues to experience damage after being issued deer control tags; or

2. Whose property cannot legally be hunted; and

(b) Where deer are posing a public safety or environmental threat.

(2) A deer destruction permit shall specify:

(a) The number and sex of deer to be destroyed;

(b) The method of destruction;

(c) The name of the person who will destroy the deer; and

(d) The dates during which the destruction will take place.

(3) A deer destruction permit shall not be issued without the recommendation of a representative of the department and the approval of the commissioner.

(4) A person destroying deer shall:

(a) Attach a disposal tag provided by the department to each carcass;

(b) Not remove the disposal tag until the carcass is processed or disposed of; and

(c) If an antlered deer was taken, turn the antlers in to the department.

(5) A deer destruction permit shall not be used except as specified on the permit.

(6) Nothing in this administrative regulation shall prohibit a landowner or tenant from taking action to control deer that are posing a direct and immediate threat to life or property.



Section 8. Denial or Revocation or Deer Control Tags or Destruction Permits and Appeal Procedures. (1) The department may revoke a deer control tag or destruction permit and deny a future tag or permit to a person who:

(a) Fails to comply with the requirements of this administrative regulation;

(b) Is convicted of a deer administrative regulation violation; or

(c) Otherwise abuses the Deer Control Tag Program.

(2) An appeal of a revocation or a denial of eligibility shall be submitted:

(a) In writing to the commissioner; and

(b) Within sixty (60) days of the date of the revocation or denial.

(3) An appeal of the commissionerís decision shall be made in writing to the Fish and Wildlife Resources Commission within sixty (60) days of the commissionerís decision.

(4) The Fish and Wildlife Resources Commission shall hear the appeal at its next regularly scheduled meeting. (23 Ky.R. 217; eff. 9-11-96; Am. 24 Ky.R. 2745; 25 Ky.R. 302; eff. 8-17-98; 26 Ky.R. 2300; 27 Ky.R. 490; eff. 8-14-2000; 28 Ky.R. 2420; eff. 7-15-02; 32 Ky.R. 2100; 33 Ky.R. 94; eff. 7-12-06.)

barney
11-08-2007, 07:13 AM
(6) Nothing in this administrative regulation shall prohibit a landowner or tenant from taking action to control deer that are posing a direct and immediate threat to life or property, NUFF SAID!