RELATES TO: KRS 13B, 150.010, 150.015, 150.186, 150.320,
150.330, 150.990, 150.183, 150.195, 150.235, 258.065, 258.085
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
65.877 authorizes local governments to
regulate or prohibit inherently dangerous wildlife as identified by the
Department of Fish and Wildlife Resources and requires the department to
establish procedures for denying or issuing a transportation permit.
KRS
150.025(1) authorizes the
department to regulate the buying, selling, or transporting of wildlife.
KRS
150.090 authorizes the department to appoint
conservation officers charged with the enforcement of this chapter.
KRS
150.105 authorizes the department to destroy
or bring under control any wildlife causing damage to persons, property or
other animals spreading disease and that should be eliminated to prevent
further damage. KRS
150.180 authorizes the department to regulate
the transportation and importation of wildlife into Kentucky.
KRS
150.280 requires the department to promulgate
administrative regulations establishing procedures for the holding of protected
wildlife. 50 C.F.R.
21 establishes the federal standards for
holding migratory birds, including raptors.
50 C.F.R.
17 establishes the federal standards for
endangered and threatened wildlife. This administrative regulation establishes
the procedures 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.
Section 1.
Definition. "Exotic wildlife" means wildlife species that have never naturally
existed in the wild in Kentucky, including species introduced by man that have
become naturalized.
Section 2.
Transportation Permits and Certificates of Veterinary Inspection.
(1) A person shall apply for and obtain a
valid transportation permit or permit authorization number from the department
for all shipments of exotic wildlife, unless otherwise exempted or prohibited
by this or another administrative regulation, prior to:
(a) Receiving a shipment of wildlife from
outside of Kentucky;
(b) Importing
exotic wildlife into Kentucky; or
(c) Transporting exotic wildlife into
Kentucky.
(2) A copy of
a valid transportation permit or permit authorization number shall accompany
all shipments of wildlife into Kentucky.
(3) An individual transportation permit shall
be valid for one (1) shipment of wildlife.
(4) An annual transportation permit shall be
valid for multiple wildlife shipments for one (1) year from the date of
issue.
(5) All shipments of
wildlife, except for amphibians and reptiles, shall be accompanied by a:
(a) Certificate of veterinary inspection
stating that the wildlife is free from symptoms of disease; or
(b) Federal quarantine certificate.
Section 3. Applying for
Permits.
(1) A person shall apply for a
transportation permit by completing the online application process when
available at fw.ky.gov, or by submitting the necessary forms, as identified
below, found on the department's Web site at fw.ky.gov:
(a) For an individual transportation permit,
an applicant shall submit a completed "Individual Transportation Permit
Application" form; or
(b) For an
annual transportation permit, an applicant shall submit a completed "Annual
Transportation Permit Application" form.
(2) An applicant for a transportation permit
shall only obtain wildlife from a legal source.
(3) A permit holder shall be at least
eighteen (18) years of age.
(4) An
applicant shall submit a completed application and remit the correct fee, as
established in
301 KAR 3:022 or
301 KAR 3:061.
(5) An annual transportation permit holder
shall submit a revised annual transportation permit application to the
department via mail to the address listed on the annual transportation permit
application or via email at FWpermits@ky.gov for any amendments to the original
application and shall not ship wildlife unless the amendments are approved, and
a revised permit issued by the department.
(6) A person importing, transporting, or
possessing exotic wildlife shall be responsible for following all applicable
federal and state laws and local ordinances regarding wildlife.
(7) A person with a valid falconry permit, as
established in
301 KAR 2:195, shall not be
required to possess a transportation permit for those raptors held under the
falconry permit.
(8) An applicant
possessing, importing, or transporting into Kentucky from outside the state
federally protected migratory bird species, shall possess, and provide to the
department, a valid United States Fish and Wildlife Service permit, except for
persons or entities that meet the conditions listed in
50 C.F.R.
21.12(a) and (b),
50 C.F.R.
21.13, and
50 C.F.R.
21.14.
(9) Federally endangered exotic species shall
not be imported, transported into Kentucky, or possessed, except the Department
of Fish and Wildlife Resources may allow importation, transportation, or
possession of any exotic endangered species of wildlife pursuant to
KRS
150.183 and
301 KAR 3:061.
Section 4. Prohibited Species.
(1) Except as specified in Section 5 of this
administrative regulation, a person shall not import, transport into Kentucky,
or possess the following exotic wildlife that are considered potentially
injurious to native ecosystems:
(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) Fox (Genus
Cerdocyon, Genus Lycalopex, Genus Otocyon, Genus Urocyon and Genus
Vulpes);
(k) Gambian giant pouched
rat (Cricetomys gambianus);
(l)
Giant, marine, or cane toad (Bufo marinus);
(m) Hawaiian rice bird or spotted munia
(Lonchura punctulata);
(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 (Genus Mastomys);
(s) Mute swan (Cygnus olor);
(t) Nutria (Myocastor coypus);
(u) Prairie dog (Cynomys spp.);
(v) Raccoon dog (Nyctereutes
procyonoides);
(w) Sky lark (Alauda
arvensis);
(x) Song thrush (Turdus
philomelus);
(y) Starling (Family
Sturnidae) including pink starlings or rosy pastors (Sturnus roseus), except
for Indian Hill mynahs (Gracula religiosa);
(z) Suricate or slender-tailed meerkat (Genus
Suricata);
(aa) Tongueless or
African clawed frog (Xenopus laevis);
(bb) Weaver finch (Genus Passer), except
Passer domesticus;
(cc) White eyes
(Genus Zosterops);
(dd) Wild
rabbits, hares, and pikas (Order Lagomorpha);
(ee) Yellowhammer (Emberiza citrinella);
or
(ff) A member of the following
families:
1. Suidae (pigs or hogs), except for
domestic swine;
2. Viverridae
(civets, genets, lingsangs, mongooses and fossas); or
3. Tayassuidae (peccaries and
javelinas).
(2) Except as specified in Section 5 and 6 of
this administrative regulation, a person shall not import, transport, or
possess the following inherently dangerous exotic wildlife:
(a) Alligators or caimans (Family
Alligatoridae);
(b) African buffalo
(Syncerus caffer);
(c) Bears
(Family Ursidae);
(d) Cheetah
(Acinonyx jubatus);
(e) Clouded
leopard (Neofelis nebulosa);
(f)
Crocodiles (Family Crocodylidae);
(g) Elephants (Family
Elephantidae);
(h) Gavials (Family
Gavialidae);
(i) Gila monsters or
beaded lizards (Family Helodermatidae);
(j) Hippopotamus (Hippopotamus
amphibius);
(k) Honey badger or
ratel (Mellivora capensis);
(l)
Hyenas (Family Hyaenidae), all species except aardwolves (Proteles
cristatus);
(m) Komodo dragon
(Varanus komodoensis);
(n) Lions,
jaguars, leopards or tigers (Genus Panthera);
(o) Lynx (Genus Lynx);
(p) Old world badger (Meles meles);
(q) Primates, nonhuman (Order
Primates);
(r) Rhinoceroses (Family
Rhinocerotidae);
(s) Snow leopard
(Uncia uncia);
(t) Venomous exotic
snakes of the families Viperidae, Atractaspididae, Elapidae, Hydrophidae, and
Colubridae, except for hognose snakes (Genus Heterodon);
(u) Wolverine (Gulo gulo); or
(v) Hybrids of all species contained in this
list.
Section
5. Exemptions.
(1) A facility
that is accredited by the Association of Zoos and Aquariums shall:
(a) Not be required to obtain a
transportation permit for exotic wildlife;
(b) Be allowed to import, possess, and
transport into Kentucky federally endangered species and the prohibited exotic
species listed in Section 4 of this administrative regulation for official zoo
activities; and
(c) Maintain
prohibited exotic species in an enclosure sufficient to prevent escape and
direct contact with the public.
(2) Commissioner's exemption.
(a) Upon written request, the commissioner
shall consider an exemption for importation, transportation into Kentucky, or
possession of the prohibited species listed in Section 4.
(b) The commissioner shall exercise his or
her discretion and only grant exemptions that are determined to promote and
further the purposes of KRS Chapter 150.
(c) Only the following entities shall be
eligible for an exemption by the commissioner:
1. A facility that is designated as the
official zoo of a municipality;
2.
A college or university conducting research or education that fulfills a
classroom requirement;
3. A
lawfully operated circus only importing or possessing inherently dangerous
exotic wildlife species that are not federally endangered, as listed in the
current Endangered Species Act list;
4. A facility previously granted an exemption
by the commissioner for the purpose of housing confiscated wildlife and serving
as an animal holding facility as a service to the department; and
5. A facility previously granted a
commissioner's exemption, as a licensed or accredited institute of education or
research, that houses prohibited species at a permanent wildlife facility for
educational or research purposes.
Section 6. Prohibited Species Requirements.
(1) Prohibited exotic species imported,
transported into Kentucky, or possessed shall be maintained within an enclosure
sufficient to prevent:
(a) Escape;
and
(b) Direct contact with the
public.
(2) A person
shall obtain a valid transportation permit to temporarily transport into the
state a prohibited animal listed in Section 4(2) of this administrative
regulation and shall not:
(a) Remain in the
state in excess of forty-eight (48) hours;
(b) Stop in Kentucky for exhibition purposes;
or
(c) Sell, trade, gift, barter,
offer for sale, trade, gift, barter, or profit in any way from a prohibited
animal while in Kentucky.
(3) Except for Lynx, a person who legally
possessed wildlife listed in Section 4(2) of this administrative regulation
prior to July 13, 2005, may continue to possess the animal through the life of
the animal and shall maintain:
(a) Veterinary
records;
(b) Acquisition papers for
the animal; or
(c) Any other
evidence that establishes that the person possessed the animal in Kentucky
prior to July 13, 2005.
(4) Lynx legally held in Kentucky prior to
December 1, 2021, may be allowed to remain in possession of the owner through
the life of the animal. The owner shall maintain:
(a) Veterinary records;
(b) Acquisition papers for the animal;
or
(c) Any other evidence that
establishes that the person legally possessed the animal in Kentucky prior to
December 1, 2021.
(5) A
person who legally possesses wildlife pursuant to subsection (3) or (4) of this
section shall not, without an exemption pursuant to Section 5:
(a) Replace the wildlife after its
death;
(b) Allow the wildlife to
reproduce; or
(c) Transfer wildlife
to other persons, except if the owner predeceases the animal, the animal may be
transferred to another person with the approval of the Department's Wildlife
Division Director.
(6)
If exotic wildlife listed in Section 4 of this administrative regulation
escapes, the owner shall immediately contact local emergency services and the
department at 800-252-5378 to report the escape.
(7) All bites, as established in
KRS
258.065, or contact with applicable exotic
animals that results in possible exposure to disease or zoonotic infection,
shall be reported to the local county health department within twelve (12)
hours.
(8) If an exotic mammal
bites a person, or a mammal shows symptoms of a rabies infection, the owner of
the animal shall arrange for the animal to be killed in a manner as to preserve
the brain intact, and the animal's head shall be submitted for testing
immediately to a laboratory approved by the Secretary for Health and Family
Services to be tested for rabies, as established in
902 KAR 2:070, Section 5 and
KRS
258.085(1)(c).
Section 7. Permit-exempt Animals.
The following exotic animals shall not require permits from the department for
importation, transportation into Kentucky, or possession:
(1) Alpaca (Vicugna pacos);
(2) American bison (Bison bison);
(3) Breeds and varieties of goats derived
from the wild goat or bezoar (Capra hircus);
(4) Camel (Camelus bactrianus and Camelus
dromedarius);
(5) Canary (Serinius
canaria);
(6) Chinchilla
(Chinchilla laniger);
(7) Cockatoo
and cockatiel (family Cacatuidae);
(8) Domesticated races of ducks and geese
(family Anatidae) morphologically distinguishable from wild ducks or
geese;
(9) Domesticated races of
the European rabbit (Oryctolagus cuniculus) morphologically distinguishable
from wild rabbits;
(10)
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;
(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) Gerbil (Meriones
unguiculatus);
(15) Guinea fowl
(Numida meleagris);
(16) Guinea pig
(Cavia porcellus);
(17) Hamster
(Mesocricetus spp.);
(18) Indian
Hill mynah (Gracula religiosa);
(19) Llama (Lama glama);
(20) Parrot, lovebird, budgerigar, macaw,
parakeet (except monk parakeet, M. monachus) (families Psittacidae,
Psittaculidae, Psittrichasiidae);
(21) Peafowl (Pavo cristatus);
(22) Pigeon (Columba domestica or Columba
livia) or domesticated races of pigeons;
(23) Ratite, as defined by
KRS
247.870; and
(24) Toucan (family Rhamphastidae).
Section 8. Release. With the
exception of pheasants and chukars, a person shall not release exotic wildlife
into the wild.
Section 9.
Inspections and Access.
(1) A person in
possession of exotic wildlife, pursuant to a transportation permit or
commissioner's exemption, shall allow a conservation officer to inspect the
holding facilities and the property on which the holding facilities are located
at any reasonable time to carry out the purposes of this administrative
regulation.
(2) A transportation
permit or commissioner's exemption holder shall allow any department approved
representative, accompanied by a conservation officer, to access the holding
facilities and the property on which the holding facilities are located at any
reasonable time to carry out the purposes of this regulation.
Section 10. Permit Denial and
Revocation.
(1) Denial. The department shall
deny the issuance of a new permit, or deny a renewal of an existing or lapsed
permit, and may confiscate wildlife from a person who:
(a) Is convicted of a violation of any
provisions of:
1. KRS Chapter 150;
2. 301 KAR Chapters 1 through 5; or
3. Any federal statute or regulation related
to hunting, fishing, or wildlife;
(b) Provides false information on a
transportation permit application, certificate of veterinary inspection,
federal quarantine certificate, request for commissioner's exemption, federal
permits, reports, or records;
(c)
Acquires wildlife prior to receiving a transportation permit, commissioner's
exemption, or certificate of veterinary inspection, except as established in
Section 2(5), Section 3(7), Section 5(1) and Section 7; or
(d) Fails to comply with any provision of
this administrative regulation,
301 KAR 2:041,
301 KAR 2:081,
301 KAR 2:084,
301 KAR 2:195,
301 KAR 2:230,
301 KAR 2:251,
301 KAR 3:061,
302 KAR 20:020,
302 KAR 20:040,
50 C.F.R.
17,
50 C.F.R.
21,
18 U.S.C.
42-43, or
16 U.S.C.
3371-3378.
(2) Revocations.
(a) The department shall revoke a
transportation permit or commissioner's exemption, and may confiscate wildlife,
of a person who:
1. Is convicted of a
violation of any provisions of:
a. KRS Chapter
150;
b. 301 KAR Chapters 1 through
5; or
c. Any federal statute or
regulation related to hunting, fishing, or wildlife;
2. Provides false information on a
transportation permit application, certificate of veterinary inspection,
federal quarantine certificate, request for commissioner's exemption, federal
permits, reports, or records;
3.
Acquires wildlife prior to receiving a transportation permit or commissioner's
exemption, except as established in Sections 3(7) and 5(1); or
4. Fails to comply with any provision of this
administrative regulation,
301 KAR 2:041,
301 KAR 2:081,
301 KAR 2:084,
301 KAR 2:195,
301 KAR 2:230,
301 KAR 2:251,
301 KAR 3:061,
302 KAR 20:020,
302 KAR 20:040,
50 C.F.R.
17,
50 C.F.R.
21,
18 U.S.C.
42-43, or
16 U.S.C.
3371-3378.
(b) A fee shall not be refunded for a permit
that is revoked.
(3)
Denial period. An applicant for a transportation permit whose permit has been
revoked or denied for the grounds established in this section shall be
ineligible to reapply, and all applications shall be denied for the period
established below:
(a) The initial denial
period shall be one (1) year;
(b) A
second denial period shall be three (3) years; and
(c) A third or subsequent denial period shall
be five (5) years.
(4)
Commissioner's exemption.
(a) A commissioner's
exemption shall be revoked and future exemptions may be denied for:
1. Failure to maintain wildlife in an
enclosure sufficient to prevent escape and direct contact with the
public;
2. Failure to abide by the
provisions set forth in an exemption letter or this administrative regulation;
or
3. Any other reason necessary to
protect public health, public safety, native ecosystems, or native
wildlife.
(b) If an
exemption is terminated, all prohibited species shall be immediately placed in
an enclosure sufficient to prevent escape and direct contact with the public
and removed from the state within forty-eight (48) hours.
(5) Confiscated wildlife.
(a) All captive wildlife may be confiscated
if a transportation permit or commissioner's exemption is revoked or denied, or
a person imports, transports into Kentucky, or possesses exotic wildlife
without a valid transportation permit, commissioner's exemption, or certificate
of veterinary inspection, except as established in Section 2(5), Section 3(7),
Section 5(1), and Section 7.
(b)
Wildlife that is confiscated, as established in this section, shall not be
returned to the person, entity, or facility from which they were confiscated,
and shall be transferred or euthanized with the approval of the Wildlife
Division Director.
Section
11. Administrative Hearings.
(1)
An individual whose permit has been denied or revoked may request an
administrative hearing pursuant to KRS Chapter 13B.
(2) A request for a hearing shall be in
writing and postmarked or delivered in person to the department no later than
thirty (30) days after notification of the denial or the revocation.
(3) Upon receipt of the request for a
hearing, the department shall proceed according to the provisions of KRS
Chapter 13B.
(4) The hearing
officer's recommended order shall be considered by the commissioner and the
commissioner shall issue a final order, pursuant to KRS Chapter 13B.
Section 12. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Annual
Transportation Permit Application", 2022 edition;
(b) "Individual Transportation Permit
Application", 2022 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. or online at: