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301 KAR 2:095.Importation, possession, and transportation of wildlife meat, carcasses, and parts.

RELATES TO:

KRS 150.180, 150.280, 150.290

STATUTORY AUTHORITY:

KRS 150.025(1)(c), 150.720(2)

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 150.025(1)(c) authorizes the Department of Fish and Wildlife to promulgate administrative regulations governing the buying, selling, or transporting of wildlife. KRS 150.720 requires the department to promulgate administrative regulations concerning health requirements, eradication of diseases, importation, unique individual identifiers, and the responsibility of a person who imports a diseased animal into the Commonwealth, in violation of statute or administrative regulation, for all costs incurred in the investigation, response, and eradication of a disease. This administrative regulation establishes procedures for the importation, possession, and transportation of specified wildlife carcasses or carcass parts.

Section 1.

Definitions.

(1)

"Cervid" means deer, elk, moose, caribou, reindeer, and related species and hybrids of these species, including all members of the Cervidae family and hybrids of this family.

(2)

"Chronic Wasting Disease" or "CWD" means a transmissible spongiform encephalopathy found in cervids.

(3)

"CWD Surveillance Zone" means an area designated as being subject to special cervid regulations due to a CWD positive cervid detection.

(4)

"Import" means to bring goods into the state of Kentucky from another state, except for transportation of goods through Kentucky from outside the state.

(5)

"Lagomorph" means wild rabbits, hares, and pikas, and related species and hybrids of these species, including all wild members of the Order Lagomorpha and hybrids of this order.

Section 2.

Importation and Transportation of Cervid Meat, Carcasses, and Parts.

(1)

A person importing a cervid carcass or carcass parts shall only possess the items of a legally harvested cervid listed in paragraphs (a) through (g) of this subsection:

(a)

Deboned meat, excluding brain matter;

(b)

Antlers;

(c)

Antlers that are attached to a skull cap having no meat matter or tissue attached;

(d)

A skull having no meat matter or tissue attached;

(e)

Upper canine teeth having no meat matter or tissue attached;

(f)

A finished taxidermy product; or

(g)

The hide.

(2)

A person shall not transport a cervid carcass or carcass parts through Kentucky from outside the state except those parts permissible for import, unless the carcass or carcass parts that are non-permissible for import are transported in a leak and spill-proof container and the contents are not permitted to be deposited or disposed of within the state.

(3)

Transportation of cervid carcasses or carcass parts out of a CWD Surveillance Zone. All persons in possession of or transporting a cervid carcass or carcass parts originating from a CWD Surveillance Zone shall only transport the following carcass parts out of the CWD Surveillance Zone:

(a)

Deboned meat, excluding brain matter;

(b)

Antlers;

(c)

Antlers that are attached to a skull cap having no meat matter or tissue attached;

(d)

A skull having no meat matter or tissue attached;

(e)

Upper canine teeth having no meat matter or tissue attached;

(f)

A finished taxidermy product; or

(g)

The hide.

(4)

An individual who engages in the act of taxidermy or processing of cervid meat who accepts an imported cervid carcass or carcass parts prohibited by subsection (1) or subsection (3) of this section shall:

(a)

Contact the law enforcement division of the department within forty-eight (48) hours after accepting the cervid carcass or carcass parts;

(b)

Provide to the department the hunter's:

1.

Name; and

2.

Address; and

(c)

Transfer all nonpermitted cervid carcass and carcass parts to the department.

Section 3.

Importation of Wild Lagomorph Meat, Carcasses, and Parts.

(1)

A person shall only import a completely skinned and fully eviscerated carcass, quarters, or deboned meat of a legally harvested wild Lagomorph.

(2)

A person shall not transport wild Lagomorph meat, carcasses, or carcass parts through Kentucky from outside the state, except those parts permissible for import, unless the carcass or carcass parts that are non-permissible for import are transported in a leak and spill-proof container and the contents are not permitted to be deposited or disposed of within the state.

HISTORY: (29 Ky.R. 3001; eff. 8-13-2003; 37 Ky.R. 2682; eff. 8-4-2011; 42 Ky.R. 2819; eff. 7-19-2016; 45 Ky.R. 2432; eff. 5-3-2019; 49 Ky.R. 79, 766; eff. 10-20-2022.)

FILED WITH LRC: September 13, 2022

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

301 KAR 2:095.Importation, possession, and transportation of wildlife meat,cervid carcasses, and parts.

RELATES TO:

KRS 150.180, 150.280, 150.290

STATUTORY AUTHORITY:

KRS 150.025(1)(c), 150.720(2)

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 150.025(1)(c) authorizes the Department of Fish and Wildlife to promulgate administrative regulations governing the buying, selling, or transporting of wildlife. KRS 150.720 requires the department to promulgate administrative regulations concerning health requirements, eradication of diseases, importation, unique individual identifiers, and the responsibility of ~~150.720(2)~~ ~~authorizes the department and the Department of Agriculture to hold~~ a person who imports a diseased animal into the Commonwealth, in violation of statute or administrative regulation,~~responsible~~ for all costs incurred in the investigation, response, and eradication of a disease ~~if the person imports a diseased animal into the Commonwealth~~. This administrative regulation establishes procedures for the importation, possession, and transportation~~and possession~~ of specified wildlife~~cervid~~ carcasses or carcass parts~~part~~.

Section 1.

Definitions.

(1)

"Cervid" means deer, elk, moose, caribou, reindeer, and related species and hybrids of these species~~thereof~~, including all members of the Cervidae family and hybrids of this family.~~thereofa member of the family Cervidae~~

(2)

"Chronic Wasting Disease" or "CWD" means a transmissible spongiform encephalopathy found in cervids.

(3)

"CWD Surveillance Zone" means an area designated as being subject to special cervid regulations due to a CWD positive cervid detection.

(2)

~~"Clean" means having no meat matter or tissue attached to the carcass part.~~

(4)(3)

"Import" means to ~~transport a cervid carcass or carcass part into Kentucky~~ bring goods into the state of Kentucky from another state, except for ~~but does not include~~ transportation of goods through Kentucky from outside the state.

(5)

"Lagomorph" means wild rabbits, hares, and pikas, and related species and hybrids of these species~~thereof~~, including all wild members of the Order Lagomorpha and hybrids of this order~~thereof~~.

Section 2.

Importation and Transportation of Cervid Meat, Carcasses, and Parts.

(1)

~~A person shall not import a cervid carcass or carcass part that has any part of the spinal column or head;~~

(2)

A person importing a ~~legally taken~~ cervid carcass or carcass parts shall only~~part may~~ possess the items of a legally harvested cervid listed in paragraphs (a) through (g)~~(f)~~ of this subsection:.

(a)

Deboned meat, excluding brain matter;

(b)

Antlers;

(c)(b)

Antlers that are attached to a ~~clean~~ skull ~~plate~~cap having no meat matter or tissue attached;

(d)(c)

A ~~clean~~ skull having no meat matter or tissue attached;

(e)(d)

~~Clean~~ Upper canine teeth having no meat matter or tissue attached;

(f)(e)

A finished taxidermy product; or

(g)(f)

The hide.~~; or~~

(g)

~~Quartered or deboned meat.~~

(2)

A person shall not transport a cervid carcass or carcass parts~~part~~ through Kentucky from outside the state except those parts permissible for import, unless the carcass or carcass parts that are non-permissible for import are transported in a leak and spill-proof container and theno contents ~~thereof~~ are not permitted to be deposited or disposed of within the state.

(3)

(a)

Deboned meat, excluding brain matter;

(b)

Antlers;

(c)

Antlers that are attached to a skull cap having no meat matter or tissue attached;

(d)

A skull having no meat matter or tissue attached;

(e)

Upper canine teeth having no meat matter or tissue attached;

(f)

A finished taxidermy product; or

(g)

The hide.

(4)(3)

~~A licensed taxidermist or deer processor~~An individual who engages in the act of taxidermy or processing of cervid meat who accepts ~~a cervid head with an intact skull, spinal column, or spinal column part originating from another state or country~~an imported cervid carcass or carcass parts~~part~~ prohibited by subsection (1) or subsection (3) of this section shall:

(a)

Contact the law enforcement division of the department within forty-eight (48) hours after ~~receiving~~accepting the cervid carcass or carcass parts~~parthead, spinal column, or spinal column part~~;

(b)

Provide to the department the hunter's:

1.

Name; and

2.

Address; and

(c)

Transfer all nonpermitted cervid carcass and carcass parts~~spinal column parts and the skull with the intact brain~~ to the department ~~once the skull plate has been removed~~.

Section 3.

Importation of Wild Lagomorph Meat, Carcasses, and Parts.

(1)

A person shall only import a completely skinned and fully eviscerated carcass, quarters, or deboned meat of a legally harvested wild Lagomorph.

(2)

A person shall not transport wild Lagomorph meat, carcasses, or carcass parts through Kentucky from outside the state, except those parts permissible for import, unless the carcass or carcass parts that are non-permissible for import are transported in a leak and spill-proof container and theno contents ~~thereof~~ are not permitted to be deposited or disposed of within the state.

HISTORY: (29 Ky.R. 3001; eff. 8-13-2003; 37 Ky.R. 2682; eff. 8-4-2011; 42 Ky.R. 2819; eff. 7-19-2016; 45 Ky.R. 2432; eff. 5-3-2019; 49 Ky.R. 79, 766; eff. 10-20-2022.)

FILED WITH LRC: September 13, 2022

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

Page Generated: 5/12/2023, 4:33:50 PM

Title 301 | Chapter 002 | Regulation 095

301 KAR 2:095.Importation, possession, and transportation of wildlife meat, carcasses, and parts.

RELATES TO:

STATUTORY AUTHORITY:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

(1)

(2)

(3)

(4)

(5)

Section 2.

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(2)

(3)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(4)

(a)

(b)

1.

2.

(c)

Section 3.

(1)

(2)

301 KAR 2:095.Importation, possession, and transportation of wildlife meat,cervid carcasses, and parts.

RELATES TO:

STATUTORY AUTHORITY:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

(1)

(2)

(3)

(2)

(4)(3)

(5)

Section 2.

(1)

(2)

(a)

(b)

(c)(b)

(d)(c)

(e)(d)

(f)(e)

(g)(f)

(g)

(2)

(3)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(4)(3)

(a)

(b)

1.

2.

(c)

Section 3.

(1)

(2)