301 KAR 2:081. Transportation and holding of native wildlife

301 KAR 2:082. Transportation and holding of exotic wildlife

301 KAR 2:083. Holding and intrastate transportation of captive cervids

301 KAR 2:084. Importation of game birds

301 KAR 2:081. Transportation and holding of native wildlife

Section 1. Definitions. (1) “Circus” means a traveling public entertainment show consisting of acrobats, clowns, and trained animals, but shall not include a show including wrestling bears or other direct contact between members of the public and inherently-dangerous animals.

(2) “Native wildlife” means wildlife which have historically existed or currently exist in the wild in Kentucky without introduction by man, not including naturalized introduced species such as starlings, house sparrows and Eurasian collared doves.

Section 2. Exemptions. Transportation permits and captive wildlife permits shall not be required for the importation or possession of species listed in this administrative regulation by facilities that are accredited by the American Zoo and Aquarium Association.

Section 3. (1) Except as specified in Section 2 of this administrative regulation and subsection (2) of this section, a person shall not import or possess:

(a) Alligator snapping turtle (Macrochelys temminckii);

(b) Black bear (Ursus americanus);

(c) Copperbelly water snake (Nerodia erythrogaster neglecta);

(d) Cougar or mountain lion (Felis concolor);

(e) Any federally threatened or endangered species;

(f) Wild turkey (Meleagris gallopavo); or

(g) Wolf (Canis lupus).

(2) The commissioner may allow the importation or possession of the species listed in subsection (1) of this section by circuses or for legitimate scientific or educational purposes by:

(a) A zoo that is designated as the official zoo of a municipality.

(b) A government agency;

(c) A college or university; or

(d) A similar educational or research institution.

Section 4. Importation prohibited. (1) The following species shall not be imported into Kentucky unless specified in Section 2 of this administrative regulation or subsection (2) of this section:

(a) Coyotes (Canis latrans);

(b) Foxes (Vulpes spp; Alopex lagopus; Urocyon cinereoargenteus);

(c) Raccoons (Procyon lotor); and

(d) Skunks (Mephitis spp.; Spilogale putorius; Conepatus leuconotus).

(2) The commissioner may allow the importation or possession of the species listed in subsection (1) of this section by circuses or for legitimate scientific or educational purposes by:

(a) A zoo that is:

designated as the official zoo of a municipality.

(b) A government agency;

(c) A college or university; or

(d) A similar educational or research institution.

Section 5. Taking and Possessing Native Wildlife. (1) A person shall not hold native wildlife in captivity that was not legally taken or possessed. A person shall not buy or sell, offer to buy or sell, trade, or barter native wildlife or parts thereof, obtained from the wild.

(2) Except as specified in Section 2 of this administrative regulation and subsections (7) and (8) of this section, a person holding native wildlife in captivity shall apply for and obtain a permit prior to acquiring wildlife.

(3) A person permitted to rehabilitate native wildlife as specified in 301 KAR 2:075 shall not be issued a commercial or noncommercial captive wildlife permit.

(4) A commercial and noncommercial captive wildlife permit holder shall maintain accurate records for captive bred and wild-captured wildlife for five (5) years. Records shall be available for inspection by a department representative. Records shall include:

(a) For each captive bred animal:

1. Common and scientific name;

2. A certificate of origin, bill of sale, receipted invoice or evidence of legal acquisition from out of state;

3. Date of birth;

4. Date of each transaction related to the sale, purchase, trade, barter or gifting; and

5. The complete name, address, phone number and captive wildlife permit number of the person to whom the animal was sold, traded, bartered or gifted or from whom the animal was purchased or otherwise received.

(b) For each wild-captured animal:

1. Common and scientific name;

2. Date and location of capture from the wild or date when received or given as a gift;

3. Trapping or hunting license number of the individual obtaining the animal except for reptiles and amphibians; and

4. The complete name, address, phone number and captive wildlife permit number of the person to whom the animal was gifted or from whom the animal was received as a gift.

(5) Commercial captive wildlife permit.

(a) A commercial captive wildlife permit shall be required for persons selling, offering to sell, trading, or bartering native wildlife.

(b) A commercial captive wildlife permit shall be renewable annually from the date of issue.

(6) Noncommercial captive wildlife permits.

(a) A noncommercial captive wildlife permit shall be required for persons possessing native wildlife, but not selling, offering for sale, trading or bartering animals.

(b) A noncommercial captive wildlife permit shall be renewable three (3) years from the date of issue.

(7) Northern bobwhite.

(a) Fifty (50) or fewer Northern bobwhite may be possessed for personal use without a permit, provided the birds are not propagated or sold.

(b) Proof of purchase shall be retained as permission to possess.

(8) Amphibians and reptiles.

(a) Except as provided for in Section 2 of this administrative regulation and this subsection, captive wildlife permits are not required for persons taking or possessing up to five (5) individuals of each species of a native reptile or amphibian. Exception to taking or possessing five (5) individuals of each species:

1. No limit on snapping and smooth and spiny softshell turtles;

2. Fifteen (15) per night limit on bullfrogs; and

3. Possession limit of twenty-five (25) dusky salamanders (spring lizards) of the genus Desmognathus.

(b) There shall not be a limit on the number of individuals of each species possessed by a commercial or noncommercial captive wildlife permit holder, provided the permit holder does not possess more than five (5) wild-caught individuals of each species of amphibian or reptile.

(c) A captive wildlife permit shall not be required to hold reptiles with a color morphology that is distinctly different from the wild type of the same species of reptile.

(9) Transportation permits and certificate of veterinary inspection.

(a) Prior to entry into Kentucky, a transportation permit shall be obtained for all shipments of wildlife (native and exotic). A person shall be responsible for applying for a transportation permit if he or she:

1. Receives a shipment of wildlife;

2. Imports wildlife for his or her own use or possession; or

3. Transports wildlife into and through the state to a destination outside Kentucky.

(b) A copy of a valid transportation permit shall accompany all shipments of wildlife into Kentucky.

(c) An individual transportation permit shall be valid for one (1) shipment of wildlife.

(d) An annual transportation permit shall be valid for multiple wildlife shipments for one (1) year from the date of issue. An annual transportation permit holder shall:

1. Notify the department in writing of any changes or additions subsequent to the original application so that the permit may be amended prior to future wildlife importation; and

2. Notify the department by telephone Monday though Friday between 8 a.m. and 4:30 p.m. at least forty-eight (48) hours prior to each shipment of wildlife of the date of expected shipment, source of the shipment and the species and number being shipped.

(e) All shipments of wildlife, except for amphibians and reptiles, shall be accompanied by a certificate of veterinary inspection stating that the wildlife is free of symptoms of disease. A federal quarantine certificate may be substituted for the certificate of veterinarian inspection.

Section 6. Applying for Permits. (1) An application for a captive wildlife and transportation permit shall be made on standard forms.

(2) The applicant shall indicate the source of supply of the wildlife.

(3) After the permit is issued, the permit holder shall retain a bill of sale or other written proof to show that the wildlife was obtained from a legal source.

(4) A permit holder shall show this written proof to a conservation officer upon request.

(5) An application shall construct holding facilities that meet or exceed the enclosure specifications established in Sections 6 and 7 of this administrative regulation for each listed species to be acquired before submitting the captive wildlife application.

(6) An applicant shall possess an approved permit before acquiring animals.

(7) Failure to provide accurate, truthful and complete information on the application form shall result in:

(a) Immediate withdrawal or revocation of the permit; and

(b) Confiscation of the wildlife imported under the permit.

Section 7. Confining Facilities. (1) Cages, pens, or other enclosures for confining native wildlife shall be of sufficient structural strength to:

(a) Prevent the escape of the captive animals;

(b) Protect the caged animal from injury and predators; and

(c) Prevent the entrance of free individuals of the same species.

(2) Wing-clipped and pinioned birds may be kept in suitable unroofed enclosures even though wild birds of the same species may enter the enclosure.

(3) A person shall not maintain any native wildlife in captivity in an unsanitary or unsafe condition or in a manner that results in the maltreatment or neglect of that wildlife.

(4) Native wildlife shall not be confined in any cage or enclosure that does not meet the cage specifications in Section 8 of this administrative regulation.

(5) Cages and enclosures in which native wildlife is held in captivity shall be maintained as follows:

(a) Clean drinking water shall be provided daily in clean containers;

(b) Swimming or wading pools shall be cleaned as needed to ensure good water quality;

(c) Enclosures shall provide adequate drainage of surface water;

(d) Captive mammals and birds shall be fed daily;

(e) Food shall be of a type and quantity that meets the nutritional requirements for the particular species and shall be provided in an unspoiled and uncontaminated condition;

(f) Feeding containers shall be kept clean, and uneaten food removed within a reasonable time;

(g) A shelter shall be provided for security and protection from inclement weather;

(h) Shade or an overhead structure shall be provided in warm seasons;

(i) Fecal and food wastes shall be removed from cages daily and stored or disposed of in a manner that prevents noxious odors or insect pests;

(j) Cage and enclosures shall be ventilated to prevent noxious odors;

(k) Hard floors within cages or enclosures shall be cleaned a minimum of once weekly;

(l) Cages or enclosures with dirt floors shall be raked a minimum of once every three (3) days and the waste removed;

(m) Animals that are compatible with one (1) another may be held in the same enclosure if the required floor space is provided; and

(n) Common walls shall be constructed between animals that are not compatible so the animals cannot interact.

Section 8. Minimum Enclosure Sizes and Associated Requirements for Stationary Facilities. (1) Birds.

(a) Northern bobwhite older than fourteen (14) weeks shall be held in an enclosure with the following minimum specifications:

1. An enclosure for a single Northern bobwhite shall be a minimum of 100 square feet.

2. There shall be an increase in one (1) square foot per additional Northern bobwhite.

3. Northern bobwhite may be held in smaller breeding pens during the breeding season.

(b) Ducks shall be held in an enclosure with the following minimum specifications:

1. There shall be no more than two (2) pairs or one (1) pair and their offspring confined to an area smaller than 100 square feet;

2. There shall be at least ten (10) square feet of water that is one (1) foot or greater in depth; and

3. There shall be at least twenty (20) square feet of additional land space and five (5) square feet of water surface for each additional adult duck.

(c) Geese shall be held in an enclosure with the following minimum specifications:

1. There shall be no more than two (2) pair or one (1) pair and their offspring confined to an area smaller than 500 square feet;

2. There shall be a minimum of fifty (50) square feet of water that is two (2) feet or greater in depth; and

3. There shall be at least 100 square feet of land and twenty-five (25) square feet of water surface for each additional adult goose.

(d) Ruffed grouse shall be held in an enclosure with the following minimum specifications:

1. 200 square feet of floor space for five (5) or fewer birds with a height of at least six (6) feet; and

2. There shall be an additional twenty (20) square feet of floor space for each additional bird.

(2) Mammals.

(a) Bats shall be kept in an enclosure with the following minimum specifications:

1. Little browns, long-eared and pipistrelles shall be kept in an enclosure that is at least 6 ft. x 6 ft. x 6 ft.

2. Evening and red bats shall be kept in an enclosure that is at least 8 ft. x 12 ft. x 8 ft.

3. Big browns and hoary bats shall be kept in an enclosure that is at least 10 ft. x 20 ft. x 8 ft.

(b) Foxes, bobcats and raccoons shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 8 ft. x 8 ft. x 6 ft. width; and

2. There shall be thirty (30) square feet floor space for each additional animal.

(c) Coyotes shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 8 ft. x 8 ft. x 6 ft. width; and

2. There shall be twenty-five (25) square feet floor space for each additional animal.

(d) Beaver and otter shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 8 ft. x 12 ft. x 6 ft. with a 4 ft. x 6 ft. pool that is three (3) feet deep at one (1) end;

2. There shall be an increase in horizontal cage size and pool size by eight (8) square feet for each additional animal.

3. Otters shall have a slide and a dry place for sleeping and retreat; and

4. Beavers shall be supplied with gnawing logs and a dry place for sleeping and retreat.

(e) Muskrat and mink shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 6 ft. x 4 ft. x 3 ft. with a 2 ft. x 4 ft. pool which is two (2) feet deep at one (1) end;

2. There shall be an increase in horizontal cage size by eight (8) square feet and a pool size of two (2) square feet; and

3. Muskrats shall have gnawing material.

(f) Gray squirrels and fox squirrels shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 4 ft. x 4 ft. x 8 ft.; and

2. There shall be an increase in floor space by two (2) square feet for each additional animal.

(g) Skunk, opossum, rabbit and woodchuck shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 6 ft. x 8 ft. x 8 ft.;

2. There shall be an increase in floor space by four (4) square feet for each additional animal; and

3. Woodchucks shall have several gnawing logs approximately six (6) inches in diameter.

(h) Weasel shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 3 ft. x 3 ft. x 3 ft.; and

2. There shall be an increase in floor space by three (3) square feet for each additional animal.

Section 9. Mobile Facilities. Mobile facilities used in transporting native wildlife shall comply with the following requirements:

(1) Facilities shall be equipped to provide fresh air without injurious drafts and adequate protection from the elements;

(2) The animal housing area shall be free of engine exhaust fumes;

(3) A cage shall be large enough to ensure that each animal has sufficient room to stand erect and lay naturally;

(4) The structural strength of the enclosure shall be sufficient to contain the live animals and to withstand the normal rigors of transportation; and

(5) Wildlife transported in the same cage area shall be in compatible groups.

Section 10. Temporary Facilities. Native wildlife housed in temporary facilities or exhibits shall be housed in cages that meet the minimum cage specifications as provided in Section 7 of this administrative regulation when wildlife are present in any geographical location for more than ten (10) days.

Section 11. Inspections. (1) The holder of a captive wildlife permit shall allow a conservation officer to inspect the facilities at any reasonable time.

(2) The conservation officer shall immediately notify the permit holder and the commissioner if his inspection reveals that wildlife is being kept in unsanitary or inhumane conditions.

(3) The captive wildlife permit shall be revoked and all captive wildlife confiscated if the unsatisfactory conditions are not corrected within ten (10) days of the initial inspection.

(4) The captive wildlife permit shall be revoked and all captive wildlife confiscated if an application was not made in good faith or if the permit holder is convicted of any law violation concerning the species for which he holds the permit.

(5) Fees shall not be refunded for permits that are revoked.

Section 12. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) “The Commercial and Noncommercial Captive Wildlife Permit Application, January 2006 edition”;

(b) “The Annual Transportation Permit Application, January 2006 edition”; and

(c) “The Individual Transportation Permit Application, January 2006 edition”.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.

Adopted effective June 2, 1994; Amended effective December 18, 2002; Amended effective July 14, 2004; Amended effective January 4, 2005; Amended effective May 4, 2007; Amended effective July 9, 2008.

HISTORICAL NOTES

RELATES TO: KRS 150.015, 150.290, 150.305, 150.320, 150.330, 150.360, 150.370, 150.990

STATUTORY AUTHORITY: KRS 150.025, 150.180, 150.280

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to regulate the buying, selling, or transporting of game and the seasons and methods of taking. KRS 150.180 authorizes the department to regulate the buying, selling, or transporting of protected wildlife. KRS 150.280 authorizes the department to promulgate administrative regulations to establish the procedures for the propagation and holding of protected wildlife. This administrative regulation is necessary to control the indiscriminate possession and commercialization of wildlife, to ensure minimum welfare standards for lawfully possessed wildlife, to protect the public and native wildlife from wildlife-borne diseases, and to prevent the introduction of wildlife that might be detrimental to native fauna and flora.

301 Ky. Admin. Regs. 2:081, 301 KY ADC 2:081

301 KAR 2:082. Transportation and holding of exotic wildlife

Section 1. Definitions. (1) “Exotic wildlife” means terrestrial wildlife species which have never naturally existed in the wild in Kentucky including starling (Sturnus vulgaris), English or house sparrow (Passer domesticus), and Eurasian collared dove (Streptopelia decaocto).

(2) “Circus” means a traveling public entertainment show consisting of acrobats, clowns, and trained animals.

(3) “Permit” means an individual or annual transportation permit issued by the department.

Section 2. Exemptions. Transportation permits and captive wildlife permits shall not be required for the importation or possession of exotic wildlife and federally threatened or endangered species listed in this administrative regulation by facilities that are accredited by the American Zoo and Aquarium Association.

Section 3. Prohibited Species. (1) Except as specified in Section 2 of this administrative regulation and subsection (3) of this section, a person shall not import or transport through Kentucky or possess in Kentucky the following:

(a) Baya weaver (Ploceus philippinus);

(b) Blackbirds (Genus Agelaius), except native species;

(c) Cape sparrow (Passer melanurus);

(d) Cowbirds (Genus Molothrus), except native species;

(e) Cuckoo (Family Cuculidae), except native species;

(f) Dioch or red-billed quelea (Quelea quelea);

(g) European blackbird (Turdus merula);

(h) Fieldfare (Turdus pilaris);

(i) Flying fox or fruit bat (Genus Pteropus);

 (j) Gambian giant pouched rat (Cricetomys gambianus);

(k) Giant, marine, or cane toad (Bufo marinus);

(l) Hawaiian rice bird or spotted munia (Lonchura punctulata);

(m) Jack rabbit (Genus Lepus);

(n) Java sparrow (Padda oryzivora);

(o) Madagascar weaver (Foudia madagascariensis);

(p) Mistle thrush (Turdus viscivorus);

(q) Monk or Quaker parakeet (Myiopsitta monachus);

(r) Multimammate rat (Subgenus Mastomys);

(s) Mute swan (Cygnus olor);

(t) Nutria (Myocastor coypus);

(u) Prairie dog (Cynomys spp.);

(v) Raccoon dog (Nyctereutes procyonoides);

(w) San Juan rabbit (Oryctolagus cuniculus);

(x) Sky lark (Alauda arvensis);

(y) Song thrush (Turdus philomelus);

(z) Starlings (Family Sturnidae) including pink starlings or rosy pastors (Sturnus roseus), except for Indian Hill mynahs (Gracula religiosa);

(aa) Suricate or slender-tailed meerkat (Genus Suricata);

(bb) Tongueless or African clawed frog (Xenopus laevis);

(cc) Weaver finches (Genus Passer), except Passer domesticus;

(dd) White eyes (Genus Zosterops);

(ee) Wild European rabbit (also called the San Juan Rabbit) not distinguishable morphologically from native wild rabbits;

(ff) Yellowhammer (Emberiza citrinella);

(gg) A member of the following families:

1. Suidae (pigs or hogs), except for domestic swine;

2. Viverridae (civits, genets, lingsangs, mongooses and fossas);

3. Tayassuidae (peccaries and javelinas).

(2) Prohibited inherently-dangerous wildlife. Except as specified in Section 2 of this administrative regulation and subsections (3), (5), and (6) of this section, a person shall not import or possess in Kentucky the following:

(a) Adders or vipers (Family Viperidae and Crotalidae) (except native species);

(b) Alligators or caimans (Family Alligatoridae);

(c) African buffalo (Syncerus caffer);

(d) Bears (Family Ursidae);

(e) Cheetah (Acinonyx jubatus);

(f) Clouded leopard (Neofelis nebulosa);

(g) Cobras mambas or coral snakes (Family Elapidae);

(h) Crocodiles (Family Crocodylidae);

(i) Elephants (Family Elephantidae);

(j) Gavials (Family Gavialidae);

(k) Gila monsters or beaded lizards (Family Helodermatidae);

(l) Hippopotamus (Hippopotamus amphibius);

(m) Honey badger or ratel (Mellivora capensis);

(n) Hyenas (Family Hyaenidae), all species except aardwolves (Proteles cristatus);

(o) Lions, jaguars, leopards or tigers (Genus Panthera);

(p) Old world badger (Meles meles);

(q) Primates nonhuman (Order Primates);

(r) Rhinoceroses (Family Rhinocerotidae);

(s) Sea snakes (Family Hydrophidae);

(t) Snow leopard (Uncia uncia);

(u) Venomous rear-fanged species (Family Colubridae) except hognose snakes (Genus Heterodon);

(v) Wolverine (Gulo gulo); or

(w) Hybrids of all species contained in this list.

(3) Upon written request, the commissioner may authorize the importation or possession of the species listed in this section by:

(a) A zoo or facility that is designated as the official zoo of a municipality;

(b) A government agency;

(c) A college or university;

(d) A licensed or accredited educational or research institution;

(e) A lawfully operated circus;

(f) An exhibitor sponsored or contracted by a lawfully operated state or county fair; or

(g) A person or organization requesting exemption for a service animal, as defined by the Americans with Disabilities Act.

(4) Wildlife possessed or imported into Kentucky per subsections (3) or (5) of this section shall be maintained within an enclosure suffiecient to prevent:

(a) Escape;

(b) Direct contact with the public; and

(c) Bodily injury to the public.

(5) A person may apply for a transportation permit to temporarily transport or possess a prohibited animal listed in this section if the animal is within the state for less than ninety-six (96) hours. Transportation permits shall not be issued for consecutive ninety-six (96) hour periods.

(6) Possession of an inherently-dangerous animal prior to the effective date of the amendment to this administrative regulation.

(a) A person who legally possessed in Kentucky an inherently-dangerous animal as defined in subsection (2) of this section prior to July 13, 2005 may continue to possess the animal and shall maintain:

1. Veterinary records;

2. Acquisition papers for the animal; or

3. Any other evidence that establishes that the person possessed the animal in Kentucky prior to July 13, 2005.

(b) A legally-possessed inherently-dangerous animal shall not be bred or replaced without an exemption as established in Sections 2 and 3(3) of this administrative regulation.

(7) If any inherently-dangerous animal escapes, either intentionally or unintentionally, the owner of the animal shall immediately contact local emergency services and the department at 800-252-3578 to report the escape or release.

Section 4. Exotic Wildlife. Unless listed in Section 3(1) of this administrative regulation, or otherwise protected by state or federal law, exotic wildlife shall not:

(1) Be classified as protected wildlife; and

(2) Require a permit from the department for possession.

Section 5. Transportation Permits and Certificate of Veterinary Inspection. (1) Prior to entry into Kentucky, an annual or individual transportation permit as established in 301 KAR 2:081 shall be obtained for all shipments of wildlife. A person shall be responsible for applying for a transportation permit before the person:

(a) Receives a shipment of wildlife;

(b) Imports wildlife for their own use or possession; or

(c) Transports wildlife into and through the state to a destination outside Kentucky;

(2) A copy of a valid transportation permit shall accompany all shipments of wildlife into Kentucky.

(a) An individual transportation permit shall be valid for one (1) shipment of wildlife and shall also permit possession of the wildlife for the designated time period.

(b) An annual transportation permit shall be valid for multiple wildlife shipments for one (1) year from the date of issue and shall also permit possession of the wildlife for the designated time period.

(c) An annual transportation permit holder shall:

1. Notify the department in writing of any changes or additions subsequent to the original application so that an amended permit may be issued prior to subsequent wildlife importation; and

2. Notify the wildlife division by telephone at 502-564-3400 or 800-858-1549 Monday through Friday between 8 a.m. and 4:30 p.m. at least forty-eight (48) hours prior to each shipment of wildlife of with:

a. The date of expected shipment;

b. The source of the shipment;

c. The species being shipped;

d. The number of individuals of each species; and

e. The period of time when the wildlife will be inside the state of Kentucky.

(3) All shipments of wildlife, except for fish, amphibians, and reptiles, shall be accompanied by a certificate of veterinary inspection stating that the wildlife is free from symptoms of disease. A federal quarantine certificate may be substituted for the certificate of veterinary inspection.

Section 6. The following animals shall not require permits from the department for importation:

(1) Alpaca (Vicugna pacos);

(2) American bison (Bison bison);

(3) Breeds and varieties of goats derived from the wild goat or bezoar (Capra aegagrus);

(4) Camels (Camelus bactrianus and Camelus dromedarius);

(5) Chinchillas (Chinchilla laniger);

(6) Cockatoos (family Cacatuidae);

(7) Domesticated races of ducks and geese (family Anatidae) distinguishable morphologically from wild ducks or geese;

(8) Domesticated races of the European rabbit (Oryctolagus cuniculus) distinguishable morphologically from wild rabbits;

(9) Domesticated races of mink (Mustela vison), if:

(a) Adults are heavier than 1.15 kilograms; or

(b) The fur color can be distinguished from wild mink;

(10) Domestic swine, except free-roaming or feral wild boars or wild swine;

(11) Domesticated races of rats (Rattus norvegicus or Rattus rattus) or mice (Mus musculus);

(12) Domesticated races of turkeys (Meleagris gallopavo) recognized by the American Poultry Association and the U.S. Department of Agriculture; but shall not include captive held or bred wild turkeys;

(13) Domestic yak (Bos grunniens);

(14) Gerbils (Meriones unguiculatus);

(15) Guinea fowl (Numida megeagris);

(16) Guinea pigs (Cavia porcellus);

(17) Hamsters (Mesocricetus spp.);

(18) Indian Hill mynahs (Gracula religiosa);

(19) Llama (Lama glama);

(20) Parrots, lovebirds, cockatiels, budgerigar, parakeets (except monk parakeet (M. monachus), macaws (family Psittacidae);

(21) Peafowl (Pavo cristatus);

(22) Pigeons (Columba domestica or Columba livia) or domesticated races of pigeons;

(23) Ratites, as defined by KRS 247.870; and

(24) Toucans (family Rhamphastidae).

Section 7. Applying for Permits. (1) An application for a permit shall be made on the appropriate form.

(2) The applicant shall indicate the source of supply of the wildlife.

(3) After the permit is issued, the permit holder shall retain a bill of sale or other written proof to show that the wildlife was obtained from a legal source.

(4) A permit holder shall show this written proof to a conservation officer upon request.

(5) An applicant shall possess an approved permit before transporting exotic wildlife into Kentucky.

(6) A permit application may be denied if the permit holder has been convicted of a violation of:

(a) Any provision in this administrative regulation; or

(b) Another federal or state wildlife law regarding the holding or transportation of exotic wildlife.

(7) Failure to provide accurate, truthful and complete information on the application form shall result in:

(a) Immediate withdrawal or revocation of the permit; and

(b) Confiscation of the wildlife imported under the permit.

(8) An applicant shall be responsible for knowing and following local ordinances and rules regarding the wildlife to be held in a locality.

Section 8. Endangered Species. A permit may be issued for the transportation or possession of federally endangered or threatened species if:

(1) It is not listed in Section 3 of this administrative regulation; and

(2) Proof of lawful possession and acquisition is provided.

Section 9. Inspections and Permit Revocation. (1) A person holding exotic wildlife shall allow a conservation officer to inspect the holding facilities at any reasonable time.

(2) Captive wildlife may be confiscated and the permit revoked if the permit holder violates any provision of this administrative regulation.

Section 10. Release. With the exception of pheasants and chukars, a person shall not release exotic wildlife into the wild.

Section 11. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) “Annual Transportation Permit Application, June 2008 edition”; and

(b) “Individual Transportation Permit Application, June 2008 edition.”

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.

Adopted effective October 8, 1997; Amended effective December 18, 2002; Amended effective October 31, 2003; Amended effective July 13, 2005; Amended effective May 4, 2007; Amended effective October 8, 2008.

HISTORICAL NOTES

RELATES TO: KRS 150.010, 150.015, 150.305, 150.320, 150.330, 150.990

STATUTORY AUTHORITY: KRS, 150.025, 150.180, 150.280

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to regulate the buying, selling, or transporting of wildlife. KRS 150.180 requires a person transporting live wildlife into Kentucky to obtain a permit from the department. KRS 150.280 authorizes the department to promulgate administrative regulations establishing procedures for the holding of protected wildlife. This administrative regulation establishes the procedure for obtaining a transportation permit for exotic wildlife, prohibits the importation and possession of exotic species with the potential to damage native ecosystems, and places restrictions on importing, transporting, and holding species that are potentially dangerous to human health and safety. EO 2008-516, effective June 16, 2008, reorganizes and renames the Commerce Cabinet as the Tourism, Arts, and Heritage Cabinet.

301 Ky. Admin. Regs. 2:082, 301 KY ADC 2:082

301 KAR 2:083. Holding and intrastate transportation of captive cervids

Section 1. Definitions. (1) “Captive cervid permit” means a permit issued by the Kentucky Department of Fish and Wildlife Resources that is required to hold cervids in captivity and does not include shooting preserves as permitted under 301 KAR 2:041.

(2) “Cervid” means a member of the family Cervidae.

(3) “Commercial captive cervid permit” means a permit for propagation and taking of captive cervids by any legal hunting or slaughter methods, which allows the permit holder to sell, offer to sell, trade, or barter captive cervids, parts thereof, or products produced by captive cervids.

(4) “Flop tag” means a commercial plastic ear tag used to identify livestock.

(5) “KDFWR” means the Kentucky Department of Fish and Wildlife Resources.

(6) “Line post” means a post in a fence that is not a corner or end post.

(7) “Noncommercial captive cervid permit” means a permit to possess captive cervids that are not intended for sale, offered for sale, traded, or bartered.

Section 2. Fencing and Holding Requirements. (1)(a) An exterior fence shall be at least eight (8) feet above ground level for its entire length, and consist of twelve and one-half (12 1/2) gauge woven wire, fourteen and one-half (14 1/2) gauge high-tensile woven wire, wood planks, or chain link.

(b) A single or double strand of barbed wire strung across the top to bring the total fence height to eight (8) feet shall be acceptable.

(c) Strands of barbed wire shall not be more than six (6) inches apart and shall not be more than five (5) inches from the top of the aforementioned fencing.

(d) Spacing between vertical wires shall not exceed six and one-half (6 1/2) inches for captive deer or species whose adult size is less than 400 pounds and twelve (12) inches for captive elk or species whose adult size is 400 pounds or more.

(e) If two (2) woven wire fences are combined, one (1) above the other, the woven wire fences shall be overlapped at least six (6) inches and firmly attached to each other at intervals no greater than three (3) feet.

(f) The fence bottoms shall be installed to provide not more than three (3) inches of ground clearance.

(2) Right-of-way.

(a) The fence right-of-way shall be cleared for a distance of six (6) feet on each side.

(b) If the fence is a property boundary fence, the fence right-of-way shall be cleared for a distance of six (6) feet on the inside only.

(c) If dead timber with a height greater than the distance of the fence exists on the permittee's property, it shall be felled.

(3)(a) Fence posts shall extend a minimum of eight (8) feet above the ground and shall be of sufficient strength to maintain the fence integrity.

(b) Pine wood posts shall be treated.

(c) Posts shall be set to a minimum depth of three (3) feet.

(d) T-posts shall be installed according to manufacturers' specifications.

(4) Line posts.

(a) Wooden line posts shall be a minimum of four (4) inches in diameter and shall not be spaced more than twenty-four (24) feet apart.

(b) Steel pipeline posts shall:

1. Be a minimum of two and three-eighths (2 3/8) inches in outside diameter;

2. Weigh a minimum of three (3) pounds per foot; and

3. Not be spaced more than twenty-four (24) feet apart.

(c) Metal “T” posts shall be a minimum of one and one-quarter (1.25) pounds per foot and shall be spaced no more than twenty (20) feet apart.

(d) If the woven wire is not high tensile, there shall be a wooden or steel pipe post every sixty (60) feet.

(5) Corner and end posts.

(a) Wooden corner and end posts shall be a minimum of five (5) inches in diameter.

(b) Steel pipe corner and end posts shall be a minimum of two and seven-eighths (2 7/8) inches in outside diameter.

(c) Corner and end posts of other materials shall be of sufficient strength to maintain the fence integrity and shall be approved by the department prior to installation.

(6) Gates shall be:

(a) Substantially constructed to meet the specifications of the fence; and

(b) Equipped with at least one (1) latching and one (1) locking device.

(7)(a) Swinging water gaps and stream crossings shall be constructed to equal or exceed the standards of the fence.

(b) These crossings shall be adequate to prevent ingress and egress during high water.

(c) Permissible water gaps are as follows:

1. Swinging gates constructed to match the contour of the stream supported by cable or hinge (larger water gaps);

2. Pipe with swinging barrier (larger water gaps);

3. Pipe with fixed mesh barrier (smaller water gaps); and

4. Heavy gauge woven barrier contoured to fit the gap (smaller water gaps).

(8) If topographic, natural or other conditions exist that enable cervids to pass through, under, or over the fence, the permittee shall be required to supplement the fence with additional, stronger or higher fence posts, special grading, additional wire to increase fence height or other measures to prevent escape.

(9) Maintenance. The fence shall be maintained in a game-proof condition at all times.

Section 3. Capture and Handling Facilities. (1) Each captive facility shall have an approved handling facility or device, such as a squeeze chute or crush, which facilitates inspection, handling or capture of an individual animal.

(2) If a permittee's facility does not have the handling or capture facilities listed in subsection (1) of this section, alternatives such as dart guns, tranquilizers or other devices which immobilize an animal shall be approved by the department before being used.

Section 4. Tagging. (1) Captive cervids shall be identified in accordance with the Kentucky Department of Agriculture CWD program requirements established in 302 KAR 20:066.

(2) Captive cervids over six (6) months old shall be uniquely identified with a plastic “flop” tag in at least one (1) ear that is clearly visible and identifiable.

(3) KDFWR may approve alternatives for plastic “flop” tags for bona fide zoos, nature centers, or similar educational institutions upon written request. One (1) of the following may be substituted for ear tags or other approved forms of identification:

(a) Lip or ear tattoo;

(b) Microchip; or

(c) Branding.

Section 5. Ingress and Egress. (1) The permit holder shall be responsible for immediately capturing or destroying escaped animals upon discovering their escape.

(2) If the permit holder is unable to capture an escaped animal within forty-eight (48) hours from discovering its escape, the permit holder shall report each escape to KDFWR by telephone (1-800-858-1549).

(3) The permit holder shall then file a written report (KDFWR, #1 Sportsman's Lane, Frankfort, Kentucky 40601, ATTN: Captive Cervid Permits) within ten (10) days, describing what escaped and the reason for the escape.

(4) The permit holder shall also report known ingress of wild cervids into the enclosure by filing a written report to KDFWR (KDFWR, #1 Sportsman's Lane, Frankfort, Kentucky 40601, ATTN: Captive Cervid Permits).

(5) The department or any peace officer may seize, capture, or destroy escaped animals or those that have ingressed if necessary.

Section 6. Space Requirements. (1) For species whose adult weight is less than 400 pounds, each individual animal shall be allowed at least 1,000 square feet of space.

(2) One (1) individual animal of a species whose adult weight is 400 pounds or more, shall require at least 1,500 square feet of space, with each additional animal requiring an additional 1,000 square feet of space.

Section 7. Prohibited Species. Except for cervids legally held prior to November 12, 2002, a captive cervid permit shall not be issued for the following:

(1) Genus Cervus spp. except Cervus elaphus nelsoni;

(2) Genus Axis spp.;

(3) Roe deer (Capreolus capreolus and Capreolus pygarus); or

(4) Hybrids thereof.

Section 8. Captive Cervid Permits. (1) Permit application and issuance. An application for a new or renewed captive cervid permit shall be processed in accordance with the provisions of KRS 150.730(2) A captive cervid permit shall be valid only for the property and facility identified in the application and that is inspected as provided in Subsection (4) of this Section. A cervid shall not be moved into a new or expanded facility until the facility has been issued a captive cervid permit by the KDFWR.

(a) Zoos and other facilities fully accredited by and in good standing with the American Zoo and Aquarium Association (AZA) shall not be required to obtain or renew a KDFWR captive cervid permit. Zoos and facilities certified but not accredited by the AZA shall be required to obtain and renew a KDFWR captive cervid permit.

(b) A commercial captive cervid permit shall be required for a facility owned or leased by persons wishing to sell, offer to sell, trade, or barter captive cervids. A person shall not sell, offer to sell, trade, or barter native cervids obtained from the wild.

(c) A noncommercial captive cervid permit shall be required for a person wishing to possess captive cervids, but who do not intend to sell, offer for sale, trade, or barter cervids.

(d) All wild cervids shall be removed from the facility prior to initial inspection.

(e) A permit shall identify the species of cervids being held.

(2) Duration.

(a) A commercial captive cervid permit shall be valid for one (1) year beginning March 1 through the last day of February, and may be renewed annually upon payment of the annual fee and proof of compliance with all applicable statutes and administrative regulations.

(b) A noncommercial captive cervid permit shall be valid for three (3) years beginning March 1 through the last day of February, and may be renewed every third year upon payment of the fee and proof of compliance with all applicable statutes and administrative regulations.

(3) Transfers. A captive cervid permit may be transferred if an existing and currently permitted facility is sold or leased to a person or entity who shall maintain and operate the facility in accordance with the provisions of KRS 150.735(3).

(a) The original captive cervid permit holder who is transferring the permit shall be compliant with all provisions of this administrative regulation prior to transfer.

(b) Prior to transfer of the permit to a new owner or lessee, the facility shall be inspected for compliance as provided by subsection (4) of this section.

(c) The purchaser or lessee of the facility shall apply for transfer of the existing captive cervid permit on a KDFWR captive cervid permit transfer application form. A copy of the deed indicating change of ownership or the lease agreement between the parties conducting the transfer shall be attached to a completed transfer application form and sent to KDFWR, #1 Sportsman's Lane, Frankfort, Kentucky 40601, ATTN: Captive Cervid Permits within thirty (30) days after the inspection.

(d) A transferred captive cervid permit may be renewed by the new owner or lessee completing a captive cervid permit application.

(4) Inspections.

(a) Before a captive cervid permit is issued, renewed or transferred, each facility or facility expansion shall pass an inspection that certifies it is in compliance with all applicable statutes and administrative regulations.

(b) Upon completion of a facility or facility expansion, or if a facility is to be sold or otherwise transferred, the permit applicant or holder shall notify KDFWR to request an inspection which shall be conducted within thirty (30) days of receipt of the request.

(c) Each facility shall be inspected annually after issuance of a captive cervid permit to certify and document that the facility is in compliance with this administrative regulation.

(d) A captive cervid facility inspection form shall be completed by a KDFWR law enforcement captain, who shall then forward the original copy to KDFWR Headquarters for processing.

(5) Revocation or suspension. A person identified by a KDFWR law enforcement officer as being in violation of a Kentucky statute or administrative regulation pertaining to the holding of captive cervids shall be issued a notice of violation, in the form of a certified letter from the commissioner. A person receiving a notice of violation shall have his or her permit suspended, until which time he or she comes into compliance with all applicable statutes and administrative regulations. Failure to come into compliance with all applicable statutes and administrative regulations within sixty (60) days from the date the notice of violation is received shall result in a citation being issued. If convicted, his or her permit may be revoked and may cause the captive cervids to be immediately seized by the department. A person whose captive cervid permit is suspended or revoked shall not, without written approval from the department, transfer or expand the facility or sell, offer to sell, trade, transport, hunt or slaughter captive cervids which are housed in that facility.

(6) Appeal procedures. An individual whose request for a permit has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

(7) Expansions.

(a) A facility may be expanded at any time and shall conform to the fencing specifications described in this administrative regulation.

(b) Facility expansions shall be adjacent and connected to the currently permitted facility.

(c) Cervids shall not be introduced into the expanded portion of a facility until that expansion has been inspected and approved by the Department as provided in subsection (4) of this section.

Section 9. Origin and Disposition of Captive Cervids. (1) Cervids obtained from the wild shall only be held by a wildlife rehabilitator permitted pursuant to 301 KAR 2:075.

(2) Captive cervids shall not be released into the wild except for wild-born cervids released by a permitted wildlife rehabilitator pursuant to 301 KAR 2:075.

(3) Wild-born cervids held in captivity for rehabilitation purposes shall not:

(a) Be housed in the same pen or otherwise housed in direct physical contact with cervids that were born in captivity; or

(b) Be housed in a pen that has ever housed cervids that were born in captivity.

Section 10. Transportation of Cervids. (1) Before a person may move a captive cervid within the state, an authorization number shall be obtained from the Kentucky Department of Agriculture pursuant to 302 KAR 20:066.

(2) A person transporting cervids shall have the authorization number issued by the Kentucky Department of Agriculture, and if applicable, the required health papers, in his or her possession while transporting cervids.

(3) A person shall not transport, import, or bring into the Commonwealth of Kentucky any cervid from a destination outside Kentucky.

(a) All cervids transported, imported, or brought into Kentucky from a location outside of Kentucky shall immediately be surrendered to KDFWR for testing for disease.

(b) KDFWR shall immediately cause a cervid transported, imported, or brought into Kentucky from a location outside of Kentucky to be tested for diseases, including Chronic Wasting Disease (transmissible spongiform encephalopathy of cervids).

(c) If a cervid is found to have Chronic Wasting Disease, the person who transported, imported, or brought the cervid into Kentucky shall be responsible to KDFWR for all costs incurred in the investigation, response, and attempted eradication of the disease.

Section 11. Selling Cervids. A permit holder who holds a commercial captive cervid permit may sell live cervids, parts thereof, or products produced by captive cervids, if those animals were not obtained from the wild in Kentucky.

Section 12. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) “Captive Cervid Permit Application”, 7/13/06 edition;

(b) “Captive Cervid Permit Transfer Application”, 7/13/06 edition; and

(c) “Captive Cervid Facility Inspection Form”, 7/13/06 edition.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Department of Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

Adopted effective June 2, 1994; Amended effective December 18, 2002; Amended effective July 14, 2004; Amended effective January 4, 2005; Amended effective May 4, 2007; Amended effective July 9, 2008; Amended effective January 5, 2009.

HISTORICAL NOTES

RELATES TO: KRS 150.025, 150.280, 150.290, 150.725, 150.730, 150.735, 150.740

STATUTORY AUTHORITY: KRS 150.025, 150.280, 150.720

NECESSITY, FUNCTION AND CONFORMITY: KRS 150.025 authorizes the department to regulate the buying, selling, or transportation of wildlife. KRS 150.280 authorizes the department to promulgate administrative regulations relating to propagating and holding of wildlife. KRS 150.720 authorizes the department to promulgate administrative regulations pertaining to the importation and holding of cervids, including privately-owned and farm-raised cervids. KRS 150.730 authorizes the department to issue or deny permits to hold captive cervids. KRS 150.735 authorizes the department to promulgate administrative regulations relating to the expansion of captive cervid facilities and the transfer of permits. This administrative regulation establishes the requirements for holding and intrastate transporting cervids in Kentucky.

301 Ky. Admin. Regs. 2:083, 301 KY ADC 2:083

301 KAR 2:084. Importation of game birds

Section 1. Definition.

“Game birds” means turkeys, quail, pheasant, chukars, grouse, waterfowl or other avian species normally imported for propagation or for the purpose of hunting, shooting, training or field trial activities.

Section 2. Importation of Game Birds.

(1) Before any live game bird is imported into Kentucky, the person importing the bird or birds shall obtain a transportation permit from the department.

(2) Transportation permits shall not be required for the importation of any live game bird by facilities that are accredited by the American Zoo and Aquarium Association.

Section 3. Applying for Permits.

(1) All applications for importation or transportation permits shall be made on the Standard Department of Transportation Permit Application.

(2) The applicant shall indicate the source of supply of the wildlife.

(3) The applicant shall also provide documentation that the shipment is in compliance with the Department of Agriculture's avian influenza health requirements found in 302 KAR 20:020, 302 KAR 20:040, and 302 KAR 20:250.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) “The Commercial and Noncommercial Captive Wildlife Permit Application, January 2006 edition”;

(b) “The Annual Transportation Permit Application, January 2006 edition”; and

(c) “The Individual Transportation Permit Application, January 2006 edition”.

(2) The document may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, from 8 a.m. to 4:30 p.m., Monday through Friday.

Adopted effective December 18, 2002; Amended effective May 4, 2007.

HISTORICAL NOTES

RELATES TO: KRS 150.280, 150.290

STATUTORY AUTHORITY: KRS 150.025(1), 150.180(6)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.780 authorizes the department to promulgate administrative regulations governing the holding of protected wildlife. KRS 150.180(6) requires a person transporting live wildlife into Kentucky to obtain a permit from the department. This administrative regulation establishes the procedure for obtaining a transportation permit for the importation of certain game birds species into Kentucky to prevent the introduction and spread of the avian influenza virus into Kentucky.

301 Ky. Admin. Regs. 2:084, 301 KY ADC 2:084