RELATES TO:
KRS
150.025,
150.183
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
regulation pertains to the buying, selling, transporting, importing, processing
and possessing of state and federally protected endangered fish and wildlife
species. This administrative regulation is necessary to comply with the U.S.
Department of the Interior's Endangered Species Act of 1973 as amended. The
function of this administrative regulation is to protect and conserve those
endangered fish and wildlife species appearing on present and revised future
lists issued by the state and federal governments. The commissioner, with the
concurrence of the commission, therefore finds it essential to promulgate a new
administrative regulation to meet statutory requirements for the management of
endangered fish and wildlife.
Section
1. Possession, Buying and Selling Endangered Fish and Wildlife. It
is unlawful for any person to import, transport, possess, process, sell or
offer for sale any endangered species of fish and wildlife, or parts thereof,
except as provided in Sections 3 and 4 of this administrative regulation. Nor
shall any article be made in whole or from any part or parts of any species of
fish and wildlife designated as endangered by this administrative
regulation.
Section 2. Endangered
Species. Definition and exclusions. Any species or subspecies designated as
endangered by the Secretary of the Interior on a current United States List of
Endangered and Threatened Wildlife as recorded in 50 Code of Federal
Regulations, Part 17, is considered an endangered species in Kentucky under the
provisions of
KRS
150.183. Those species described as
"threatened" on the above federal list are not included under
KRS
150.183 or this administrative
regulation.
Section 3. Exceptions
and Permits. The Department of Fish and Wildlife Resources may, under permit,
allow the importation, transportation, possession, sale or resale of any native
or foreign endangered species or subspecies of fish and wildlife and part or
parts thereof, for zoological, educational or scientific purposes, and for the
propagation of such fish and wildlife in captivity for preservation purposes,
except as otherwise prohibited by federal and other states' statutes and
regulations. This permit will be issued free of charge by applying in writing
to the Commissioner of the Department of Fish and Wildlife Resources. Where
applicable, an application for a Kentucky permit for zoological, educational or
scientific purposes must be accompanied by a copy of the appropriate federal
permit or permits from another state. The federal permit may be obtained by
writing to the Director, U.S. Fish and Wildlife Service, U.S. Department of the
Interior, Washington, D.C. 20240.
Section
4. Possession Prior to 1973. Any person or organization who, prior
to the enactment of the Federal Endangered Species Act of 1973, had in their
possession an endangered species or part or parts thereof, may continue to
possess same without a state permit.
