•

Kentucky
General Assembly

•
Search

Title 301 | Chapter 002 | Regulation 082

SUPERSEDED
This document is no longer current.
View Current Regulation
PREVIOUS VERSION
The previous document that this document is based upon is available.
View Previous Version
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amended After Comments)

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

RELATES TO:

KRS 150.010, 150.015, 150.186, 150.305, 150.320, 150.330, 150.990, 150.183, 150.195, 150.235, 285.065, 285.085

STATUTORY AUTHORITY:

KRS 65.877, 150.025(1), 150.090, 150.105, 150.180(6), 150.280, 50 C.F.R. 17, 50 C.F.R. 21[.29, 18 U.S.C. 42-43, 16 U.S.C. 3371-3378

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 65.877 authorizes local governments to regulate or prohibit inherently dangerous wildlife as identified by the department 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 which should be eliminated to prevent further damage. KRS 150.180(6) authorizes the department to regulate the transportation and importationimportation 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 which have never naturally existed in the wild in Kentucky, including introduced species introduced by man that have become naturalized.

Section 2.

Transportation Permits and Certificates of Veterinary Inspection.

(1)

A Pursuant to 301 KAR 2:081, 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 by this or another administrative regulation, prior to:

(a)

Receiving a shipment of wildlife from outside of Kentucky; or

(b)

ImportingTransportingImporting exotic wildlife into Kentucky; or

(c)

Transporting exotic wildlife into Kentucky.or

(c)

Transporting exotic wildlife into and through the state to a destination outside Kentucky.

(2)

A copy of a valid transportation permit or permit authorization number shall accompany all shipments of wildlife into and through 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 Any shipment 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 A 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:, in accordance with 301 KAR 2:081.

(a)

For an individual transportation permit, an applicant must submit a completed "Individual Transportation Permit Application" form; or

(b)

For an annual transportation permit, an applicant must 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 must 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.[

(2)

The department shall deny a permit to an applicant that:

(a)

Is less than eighteen (18) years of age;

(b)

Has been convicted within the last year of a violation of:

1.

This administrative regulation; or

2.

301 KAR 2:081;

(c)

Does not submit a completed application; or

(d)

Does not remit the correct fee pursuant to 301 KAR 3:022.

(3)

Failure to provide accurate, factual, 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.

(5)(4)

An annual transportation permit holder shall notify the department of any amendments to the original application at least forty-eight (48) hours prior to any wildlife shipment by 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.calling the department by telephone at 800-858-1549, Monday through Friday, between 8 a.m. and 4:30 p.m., Eastern time.

(6)(5)

A person importing, transporting,importing or possessing exotic wildlife shall be responsible for following all applicable federal and state laws and local ordinances and rules regarding captive 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 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,possessed or transported into 12 Kentucky from outside the state 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 possesspossess or transport into Kentucky from outside the state, import, possess, or transport through Kentucky the following exotic wildlifespecies 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)(j)

Gambian giant pouched rat (Cricetomys gambianus);

(l)(k)

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

(m)(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 (Genus 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);

(w)(x)

Sky lark (Alauda arvensis);

(x)(y)

Song thrush (Turdus philomelus);

(y)(z)

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

(z)(aa)

Suricate or slender-tailed meerkat (Genus Suricata);

(aa)(bb)

Tongueless or African clawed frog (Xenopus laevis);

(bb)(cc)

Weaver finch (Genus Passer), except Passer domesticus;

(cc)(dd)

White eyes (Genus Zosterops);[

(ee)

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

(dd)

Wild rabbits, hares, and pikas (Order Lagomorpha);

(ee)(ff)

Yellowhammer (Emberiza citrinella); or

(ff)(gg)

A member of the following families:

1.

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

2.

Viverridae (civets civits, 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 orimport or possess or transport into Kentucky from outside the state the following inherently dangerous exotic species of inherently dangerous 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)(m)

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

(o)

Lynx (Genus Lynx);

(p)

[(n)] Old world badger (Meles meles);

(q)(o)

Primates, nonhuman (Order Primates);

(r)(p)

Rhinoceroses (Family Rhinocerotidae);

(s)(q)

Snow leopard (Uncia uncia);

(t)(r)

Venomous exotic snakes of the families Viperidae, Atractaspididae, Elapidae, Hydrophidae, and Colubridae, except for hognose snakes (Genus Heterodon);

(u)

(s) Wolverine (Gulo gulo); or

(v)

(t) 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 from outside the state 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 may grant a written exemption for the possession or transportation into Kentucky of the prohibited species listed in Section 4.

(b)

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, transporting into Kentucky, or possessing speciespossessing or transporting species into Kentucky 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.

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 or transported into Kentucky shall be maintained within an enclosure sufficient to prevent:

(a)

Escape; and

(b)

Direct contact with the public.

(2)

A person shallmay apply for a transportation permit to temporarily transport into and through the state to a destination outside of Kentucky 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)1.

Veterinary records;

(b)2.

Acquisition papers for the animal; or

(c)3.

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 must 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 5.

Exemptions.

(1)

A facility that is accredited by the American Zoo and Aquarium Association shall:

(a)

Not be required to obtain a transportation permit for exotic wildlife; and

(b)

Be allowed to import, transport, and possess the prohibited exotic species listed in Section 4(1) and (2) of this administrative regulation.

(2)

Upon written request, the department shall consider an exemption for the importation of prohibited exotic species for the following entities:

(a)

A 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 institution of:

1.

Research; or

2.

Education;

(e)

A lawfully operated circus; or

(f)

An exhibitor sponsored or contracted by a lawfully operated state or county fair.

(3)

Wildlife possessed or imported into Kentucky per subsection (2) or (4) of this section shall be maintained within an enclosure sufficient to prevent:

(a)

Escape; and

(b)

Direct contact with the public, except local governments may allow direct contact between the public and Asian elephants (Elephas maximus) if:

1.

An established local ordinance exists that allows the contact; and

2.

That ordinance provides regulatory standards in the areas of:

a.

The safety record of the animal or animals;

b.

Proper public safeguards;

c.

Experience of the handlers;

d.

Protective barriers; and

e.

Third party liability insurance coverage from death or injury in an amount equal to or greater than $3,000,000.

(4)

A person may apply for a transportation permit to temporarily transport into and through the state to a destination outside of Kentucky 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, barter, or offer for sale, trade, or barter a prohibited animal while in Kentucky.

(5)

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 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.

(6)

A person who legally possesses wildlife pursuant to subsection (5) of this section shall not, without an exemption pursuant to subsections (2) and (3) of this section:

(a)

Replace the wildlife; or

(b)

Allow the wildlife to reproduce.

(7)

If exotic wildlife listed in Section 4(1) and (2) of this administrative regulation escapes, the owner shall immediately contact local emergency services and the department at 800-252-5378 to report the escape or release.]

Section 7.Section 6.

Permit-exempt Animals. The following exotic animals shall not require permits from the department for importation, transportation into Kentucky, or importation, transportation, or possession or transportation into Kentucky:

(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)(5)

Chinchilla (Chinchilla laniger);

(7)(6)

Cockatoo and cockatiel (family Cacatuidae);

(8)(7)

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

(9)(8)

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

(10)(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;

(11)(10)

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

(12)(11)

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)(12)

Domestic yak (Bos grunniens);

(14)(13)

Gerbil (Meriones unguiculatus);

(15)(14)

Guinea fowl (Numida meleagris);

(16)(15)

Guinea pig (Cavia porcellus);

(17)(16)

Hamster (Mesocricetus spp.);

(18)(17)

Indian Hill mynah (Gracula religiosa);

(19)(18)

Llama (Lama glama);

(20)(19)

Parrot, lovebird, cockatiel, budgerigar, macaw, parakeet (except monk parakeet, (M. monachus) (families Psittacidae, Psittaculidae, Psittrichasiidae)and macaw (family Psittacidae);

(21)(20)

Peafowl (Pavo cristatus);

(22)(21)

Pigeon (Columba domestica or Columba livia) or domesticated races of pigeons;

(23)(22)

Ratite, as defined by KRS 247.870; and

(24)(23)

Toucan (family Rhamphastidae).

Section 7.

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 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 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.

Any department regulation; 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;

(d)

Fails to comply with any provision of this 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.

Any department regulation; 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 Section 5(1);

4.

Fails to comply with any provision of this 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 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;

(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 regulation; or

3.

Any other reason for which the Commissioner deems appropriate.

(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 wildlifepossesses or transports wildlife into Kentucky 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", 2021 edition;

(b)

"Individual Transportation Permit Application", 2021 edition; and

(c)

"Captive Wildlife Prohibited Species report form, 2021 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.
RICH STORM, Commissioner
MIKE BERRY, Secretary
APPROVED BY AGENCY: December 14, 2021
FILED WITH LRC: December 15, 2021 at 10:50 a.m.
CONTACT PERSON: Beth Frazee, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone (502) 564-3400, email fwpubliccomments@ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Beth Frazee
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes requirements for importation, transportation, and possession of exotic wildlife.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to provide a defined process for the holding and transportation of live exotic wildlife. These processes are necessary to provide for the protection of our native ecosystem, health and welfare of native wildlife from disease, and the safety of Kentucky citizens.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 65.877 authorizes local governments to regulate or prohibit inherently dangerous wildlife as identified by the department 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 which should be eliminated to prevent further damage. KRS 150.180(6) authorizes the department to regulate the importation of wildlife into Kentucky. KRS 150.280 requires the department to promulgate administrative regulations establishing procedures for the holding of protected wildlife.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation sets forth the requirements for applying for and receiving transportation permits and commissioner’s exemptions to possess, import, and transport through Kentucky from outside the state live exotic wildlife.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
These post public comment amendments will reduce the unintended impact upon shipping of wildlife created by the language utilized in the originally filed amendment while addressing constitutional concerns by largely reverting the language to the version present in the regulation prior to the originally filed amendment.
(b) The necessity of the amendment to this administrative regulation:
The post public comment amendments are necessary to prevent unintended additional burdens to common carriers engaged in the shipping business. The regulation with post comment amendments will continue to protect native rabbit species from disease, which could impact populations, protect the public from potential exposure to rabies, provide better customer service in the form of an online system, and meet statutory requirements pertaining to endangered species. Additionally, the regulation with post commend amendments will continue to improve health and human safety in regards to the possession of live exotic wildlife.
(c) How the amendment conforms to the content of the authorizing statutes:
See (1)(c) above.
(d) How the amendment will assist in the effective administration of the statutes:
See (1)(d) above.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
These amendments will make it easier and more straightforward to apply for a transportation permit. Additionally, these amendments will help protect our citizenry and our wildlife populations from disease and other dangers posed by captive exotic wildlife. These regulations may impact those people who wish to be in possession of live exotic wildlife and those organizations requesting a commissioner’s exemption to use or exhibit prohibited species of live exotic wildlife. These amendments are necessary for the health and safety of people and wildlife populations.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
These amendments will allow for a more efficient permitting process for those species of live exotic wildlife that are legal to import, transport, and possess while avoiding unintended additional restrictions upon common carriers engaged in shipping wildlife. Additionally, those persons in possession of a newly prohibited species will be allowed to hold that animal until the end of its life.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
A minor cost will be incurred to have grandfathered prohibited species microchipped.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Those persons holding prohibited native wildlife will be allowed to maintain the animal for the remainder of its life.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no initial administrative cost to the department to implement this administrative regulation.
(b) On a continuing basis:
There will be no cost to the department on a continuing basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The source of funding is the State Game and Fish Fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
It will not be necessary to increase any other fees or increase funding to implement this administrative regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No new fees will be established.
(9) TIERING: Is tiering applied?
No. Tiering is not applied because all permit holders are treated the equally.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Fish and Wildlife Resources Divisions of Wildlife and Law Enforcement will be impacted by this administrative regulation.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 65.877 authorizes local governments to regulate or prohibit inherently dangerous wildlife as identified by the department 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 which should be eliminated to prevent further damage. KRS 150.180(6) authorizes the department to regulate the importation of wildlife into Kentucky. KRS 150.280 requires the department to promulgate administrative regulations establishing procedures for the holding of protected wildlife.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No revenue will be generated by this administrative regulation during the first year.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
No revenue will be generated by this administrative regulation during subsequent years.
(c) How much will it cost to administer this program for the first year?
There will be no additional costs to administer this program for the first year.
(d) How much will it cost to administer this program for subsequent years?
There will be no additional costs to administer this program for subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:

7-Year Expiration: 2/2/2030

Last Updated: 9/28/2023

Download PDF (.pdf) Download Word (.docx)
Page Generated: 5/12/2023, 4:33:50 PM