Title 301 | Chapter 004 | Regulation 110
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amended at ARRS Committee)
301 KAR 4:110.Administration of drugs to wildlife.
Section 1.
Definitions.(1)
"Captive wildlife":(a)
Means wildlife legally kept in confinement by fence or other structure or restraint intended to prevent escape; and(b)
Does not mean(2)
"Drug" means any chemical substance, other than food or mineral supplements, that affects the structure or biological function of any wildlife.(3)
"Noncaptive wildlife":(a)
Means wildlife not legally kept in confinement by fence or other structure or restraint intended to prevent escape; and(b)
Does not meanSection 2.
Administration of Drugs. Except as establishedSection 3.
Petitions.(1)
A party(a)
A biological or sociological justification for the need to administer a drug to noncaptive wildlife;(b)
A literature review of the known and potential effects of the drug on individual animals, the wildlife population, and potential consumers of wildlife; and(c)
A detailed plan and timeline for administration of the drugs(2)
The commissioner may issue a waiver for the petition requirement for authorization to administer drugs to noncaptive wildlife for specific situations involving:(a)
Public safety; or(b)
Wildlife disease outbreaks.Section 4.
Exemptions. This administrative regulation shall not apply to:(1)
The administration of drugs to captive wildlife including captive cervids;(2)
The treatment of sick or injured wildlife by:(a)
A licensed veterinarian;(b)
A holder of a wildlife rehabilitation permit; or(c)
A holder of a valid scientific collection permit;(3)
The administration of drugs by Commercial Nuisance Wildlife Control operators licensed by the department as established(4)
Employees of federal or state government in the performance of their official duties related to public health, wildlife management, or wildlife removal.Section 5.
Disposition of Wildlife. An officer of the department may take possession or dispose of any noncaptive wildlife if the officer has probable cause to believe the noncaptive wildlife have been administered drugs in violation of this administrative regulation.HISTORY: (35 Ky.R. 1100; 1452; eff. 1-5-2009; 48 Ky.R. 908, 2969; eff. 6-9-2022.)
FILED WITH LRC: May 10, 2022
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, fax (502) 564-0506, email fwpubliccomments@ky.gov.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(Amended at ARRS Committee)
301 KAR 4:110.Administration of drugs to wildlife.
Section 1.
Definitions.(1)
"Captive wildlife":(a)
Means wildlife legally kept in confinement by fence or other structure or restraint intended to prevent escape; and(b)
Does not mean fish.(2)
"Drug" means any chemical substance, other than food or mineral supplements, that affects the structure or biological function of any wildlife.(3)
"Noncaptive wildlife":(a)
Means wildlife not legally kept in confinement by fence or other structure or restraint intended to prevent escape; and(b)
Does not mean fish.Section 2.
Administration of Drugs. Except as established in Section 4 of this administrative regulation, a person shall not administer drugs to noncaptive wildlife without written authorization from the commissioner pursuant to Section 3 of this administrative regulation.Section 3.
Petitions.(1)
A party shall petition the commissioner in writing for authorization to administer drugs to noncaptive wildlife. Written petitions shall include:(a)
A biological or sociological justification for the need to administer a drug to noncaptive wildlife;(b)
A literature review of the known and potential effects of the drug on individual animals, the wildlife population, and potential consumers of wildlife; and(c)
A detailed plan and timeline for administration of the drugs.(2)
The commissioner may issue a waiver for the petition requirement for authorization to administer drugs to noncaptive wildlife for specific situations involving:(a)
Public safety; or(b)
Wildlife disease outbreaks.Section 4.
Exemptions. This administrative regulation shall not apply to:(1)
The administration of drugs to captive wildlife including captive cervids;(2)
The treatment of sick or injured wildlife by:(a)
A licensed veterinarian;(b)
A holder of a wildlife rehabilitation permit; or(c)
A holder of a valid scientific collection permit;(3)
The administration of drugs by Commercial Nuisance Wildlife Control operators licensed by the department as established in 301 KAR 3:120; or(4)
Employees of federal or state government in the performance of their official duties related to public health, wildlife management, or wildlife removal.Section 5.
Disposition of Wildlife. An officer of the department may take possession or dispose of any noncaptive wildlife if the officer has probable cause to believe the noncaptive wildlife have been administered drugs in violation of this administrative regulation.HISTORY: (35 Ky.R. 1100; 1452; eff. 1-5-2009; 48 Ky.R. 908, 2969; eff. 6-9-2022.)
FILED WITH LRC: May 10, 2022
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, fax (502) 564-0506, email fwpubliccomments@ky.gov.