Title 301 | Chapter 004 | Regulation 112REG
PROPOSED
This document is not yet current.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 4:112.Holding and preservation of seized wildlife.
Section 1.
Definition. "Impoundment agent" means an individual or entity authorized by contractual agreement with the department to hold impounded wildlife as evidence during a judicial process.Section 2.
(1)
Wildlife that is alive upon seizure by a game warden as evidence in a criminal case shall be impounded and held alive and preserved as evidence until adjudication of the case, unless the commissioner authorizes a game warden or other department personnel to destroy or bring under control any wild animal, fish, or wild bird in accordance with KRS 150.105.(2)
If an animal dies before adjudication of the case, it shall be preserved to prevent decay.(3)
A wild or exotic animal that bites a human being or exhibits symptoms of rabies shall be destroyed and tested in accordance with KRS 258.085(1)(c).Section 3.
Impoundment Agent Requirements.(1)
Holding expectations and exemption for an impoundment agent assisting KDFWR in evidentiary impoundment and oversight of wildlife in a criminal case:(a)
An impoundment agent shall be at least eighteen (18) years of age.(b)
An impoundment agent shall be under a current contract with the Department authorizing them to do so.(c)
An impoundment agent shall be subject to and comply with any federal holding requirements as applicable for species of wildlife being held.(d)
Notwithstanding any other state regulatory restrictions, except for this regulation, an impoundment agent shall be exempt from state species possession restrictions when acting as an agent of the state to hold impounded wildlife as evidence during judicial process.(2)
Impoundment agent holding impounded evidence shall:(a)
Ensure impounded evidence is housed in an enclosure that complies with the established minimum standards within the contract;(b)
House impounded evidence in a separate enclosure that prevents direct or indirect contact with free-ranging wildlife, domestic animals, or any other captive or rehabilitating wildlife being housed on the premises of the impoundment agent;(c)
Maintain all impounded evidence in sanitary and safe conditions and in a manner that prevents maltreatment or neglect as referenced in 301 KAR 2:081 Section 8(5)(a)-(l); and(d)
Ensure impounded evidence is housed in an enclosure sufficient to prevent escape and direct contact with the public.Section 4.
Identification and Handling of Impounded Evidence.(1)
Impoundment agent shall ensure that all impounded wildlife be maintained on a chain of custody form.(2)
The impoundment agent shall not:(a)
Propagate impounded evidence;(b)
Remove impounded evidence from the holding facility except for veterinary care;(c)
Exhibit impounded evidence for public display.Section 5.
Stewardship of Wildlife.(1)
All impounded evidence held under the contract shall remain under the stewardship of the Department of Fish and Wildlife Resources, except that federally protected wildlife remains under the stewardship of both the Department of Fish and Wildlife and the U.S. Fish and Wildlife Service.(2)
Impounded evidence shall be immediately surrendered to a game warden upon their request.Approved by the Fish and Wildlife Commission
RICH STORM, Commissioner
APPROVED BY AGENCY: December 11, 2025
FILED WITH LRC: December 12, 2025 at 3 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 26, 2026, at 11:30 a.m., at KDFWR Administration Building, 1 Sportsman’s Lane, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through February 28, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jenny Gilbert, Legislative Liaison, Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jenny Gilbert
Subject Headings:
Fish and Wildlife, Conservation, Law Enforcement
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation a program for individuals who contract with the Department to become impoundment agents to be permitted to hold and maintain seized wildlife that are evidence in criminal actions until the case is adjudicated.
(b) The necessity of this administrative regulation:
The Department does not have facilities or staff to care for all manner of wildlife that might be seized as evidence in criminal actions for the violations of KRS Chapter 150.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.105 provides authority for the department to destroy or bring wildlife under control that are causing damage to persons, property, other animals, fish, or birds or that are spreading diseases. KRS 150.120 provides authority to seize and take possession of any and all wildlife used, transported, or possessed contrary to any law or regulation adopted under KRS Chapter 150. This regulation provides a mechanism for individuals on behalf of the Department to legally hold and maintain live wildlife that has been seized pursuant to KRS 150.105 or KRS 150.120.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes as any living wildlife seized or brought under control pursuant to KRS 150.105 or KRS 150.120 as part of a criminal action, must be maintained as evidence until final adjudication or a court orders the wildlife’s release or destruction. This regulation provides a mechanism for the Department to maintain chain of custody for the evidence while providing for the wildlife’s needs.
(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:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No, it does not.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Any individual who chooses to contract with the Department to become an impoundment agent.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
The individuals who choose to become impoundment agents will have to enter into a contract with the Department for the impoundment services to be provided, hold the wildlife in a manor and at a facility that meets the needs of the wildlife, and preserve the chain of custody for the criminal proceedings.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The individuals that choose to become impoundment agents will be provided compensation for their services as part of the contractual arrangement and therefore should have no cost to comply.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
The individuals will benefit from the monetary compensation received for their services and the intangible benefits that arise from providing for the needs of wild animals.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost initially to implement this regulation. Costs will accrue only when wildlife is seized then held by an impoundment agent.
(b) On a continuing basis:
The costs to the Department on a continuing basis will be variable based upon the number and type of wildlife seized by the Department and held by impoundment agents. Any expenditures paid to impoundment agents would be offset by savings to the Department. Without impoundment agents holding the wildlife, the Department would be obligated to use staff time and procure holding facilities, food, and veterinary care for the wildlife. As such, the Department anticipates a net decrease in expenditures for the holding of seized wildlife.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The Fish and Game Fund
(8) 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:
No an increase in fees or funding will not be necessary to implement this regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering is not applied. All individuals who choose to become impoundment agents will be subject to the same regulatory rules and restrictions.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 150.025, 150.105, and KRS 150.120
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
No, this administrative regulation is not expressly authorized by an act of the General Assembly.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Department of Fish and Wildlife Resources
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
$0
For subsequent years:
$0
2. Revenues:
For the first year:
$0
For subsequent years:
$0
3. Cost Savings:
For the first year:
$0 to $15,000
For subsequent years:
$0 to $15,000
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities will be affected by this regulation.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Individuals who choose to contract with the Department to become impoundment agents.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
$0 net
For subsequent years:
$0 net
2. Revenues:
For the first year:
$0 net
For subsequent years:
$0 net
3. Cost Savings:
For the first year:
$0
For subsequent years:
$0
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
The overall fiscal impact of this regulation should be a net positive for the Department and should approximately even out for impoundment agents for a net zero or slight positive fiscal impact.
(b) Methodology and resources used to reach this conclusion:
The number and type of seized wildlife each year varies based upon criminal actions arising from illegal possession of wildlife by the public. The Department is required to maintain seized wildlife until final disposition of associate criminal actions or until otherwise ordered by the courts. The Department does not have appropriate facilities and available staff to meet all potential needs. To maintain seized wildlife, staff duties are expanded to include providing for the wildlife, resulting in additional wages earned. In one instance in 2024-2025, six racoons and three otters were seized with an estimated expenditures to hold and care for those animals at approximately $27,000 for feed, veterinary care, and staff time. By creating impoundment agents as an option for holding seized wildlife, the Department can determine on a case by case basis whether internal holding of the wildlife or use of impoundment agents will be more economical. Impoundment agents will possess appropriate holding facilities and have in place volunteers or staff to meet the seized wildlife’s needs, resulting in significantly lower costs. It is anticipated any revenues for impoundment agents will be minimal and payments will be to offset any expenditures they have.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
The regulation will not have a major economic impact. There will be no net compliance cost as all impoundment agents will be compensated for their services. The current costs expended for the care of seized wildlife is far below the $500,000 threshold over any two-year period. The regulation is intended to provide an avenue for cost savings for the Department. As such any expenditures to impoundment agents will be offset by savings from internal expenses.
(b) The methodology and resources used to reach this conclusion:
The costs associated with the impoundment of seized wildlife must already be borne by the Department. This regulation simply creates a method to utilize members of the public who possess the required knowledge and facilities to hold the wildlife on behalf of the Department and thus the expenditures already borne by the Department will shift from internal costs to the third-party impoundment agents. It is anticipated there will be an overall cost savings for the Department when utilizing the impoundment agents as the Department will have the ability to determine which option is more cost effective prior to utilizing impoundment agents to hold specific seized wildlife.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 4:112.Holding and preservation of seized wildlife.
Section 1.
Definition. "Impoundment agent" means an individual or entity authorized by contractual agreement with the department to hold impounded wildlife as evidence during a judicial process.Section 2.
(1)
Wildlife that is alive upon seizure by a game warden as evidence in a criminal case shall be impounded and held alive and preserved as evidence until adjudication of the case, unless the commissioner authorizes a game warden or other department personnel to destroy or bring under control any wild animal, fish, or wild bird in accordance with KRS 150.105.(2)
If an animal dies before adjudication of the case, it shall be preserved to prevent decay.(3)
A wild or exotic animal that bites a human being or exhibits symptoms of rabies shall be destroyed and tested in accordance with KRS 258.085(1)(c).Section 3.
Impoundment Agent Requirements.(1)
Holding expectations and exemption for an impoundment agent assisting KDFWR in evidentiary impoundment and oversight of wildlife in a criminal case:(a)
An impoundment agent shall be at least eighteen (18) years of age.(b)
An impoundment agent shall be under a current contract with the Department authorizing them to do so.(c)
An impoundment agent shall be subject to and comply with any federal holding requirements as applicable for species of wildlife being held.(d)
Notwithstanding any other state regulatory restrictions, except for this regulation, an impoundment agent shall be exempt from state species possession restrictions when acting as an agent of the state to hold impounded wildlife as evidence during judicial process.(2)
Impoundment agent holding impounded evidence shall:(a)
Ensure impounded evidence is housed in an enclosure that complies with the established minimum standards within the contract;(b)
House impounded evidence in a separate enclosure that prevents direct or indirect contact with free-ranging wildlife, domestic animals, or any other captive or rehabilitating wildlife being housed on the premises of the impoundment agent;(c)
Maintain all impounded evidence in sanitary and safe conditions and in a manner that prevents maltreatment or neglect as referenced in 301 KAR 2:081 Section 8(5)(a)-(l); and(d)
Ensure impounded evidence is housed in an enclosure sufficient to prevent escape and direct contact with the public.Section 4.
Identification and Handling of Impounded Evidence.(1)
Impoundment agent shall ensure that all impounded wildlife be maintained on a chain of custody form.(2)
The impoundment agent shall not:(a)
Propagate impounded evidence;(b)
Remove impounded evidence from the holding facility except for veterinary care;(c)
Exhibit impounded evidence for public display.Section 5.
Stewardship of Wildlife.(1)
All impounded evidence held under the contract shall remain under the stewardship of the Department of Fish and Wildlife Resources, except that federally protected wildlife remains under the stewardship of both the Department of Fish and Wildlife and the U.S. Fish and Wildlife Service.(2)
Impounded evidence shall be immediately surrendered to a game warden upon their request.Approved by the Fish and Wildlife Commission
RICH STORM, Commissioner
APPROVED BY AGENCY: December 11, 2025
FILED WITH LRC: December 12, 2025 at 3 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 26, 2026, at 11:30 a.m., at KDFWR Administration Building, 1 Sportsman’s Lane, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through February 28, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jenny Gilbert, Legislative Liaison, Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jenny Gilbert
Subject Headings:
Fish and Wildlife, Conservation, Law Enforcement
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation a program for individuals who contract with the Department to become impoundment agents to be permitted to hold and maintain seized wildlife that are evidence in criminal actions until the case is adjudicated.
(b) The necessity of this administrative regulation:
The Department does not have facilities or staff to care for all manner of wildlife that might be seized as evidence in criminal actions for the violations of KRS Chapter 150.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.105 provides authority for the department to destroy or bring wildlife under control that are causing damage to persons, property, other animals, fish, or birds or that are spreading diseases. KRS 150.120 provides authority to seize and take possession of any and all wildlife used, transported, or possessed contrary to any law or regulation adopted under KRS Chapter 150. This regulation provides a mechanism for individuals on behalf of the Department to legally hold and maintain live wildlife that has been seized pursuant to KRS 150.105 or KRS 150.120.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the statutes as any living wildlife seized or brought under control pursuant to KRS 150.105 or KRS 150.120 as part of a criminal action, must be maintained as evidence until final adjudication or a court orders the wildlife’s release or destruction. This regulation provides a mechanism for the Department to maintain chain of custody for the evidence while providing for the wildlife’s needs.
(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:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No, it does not.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Any individual who chooses to contract with the Department to become an impoundment agent.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
The individuals who choose to become impoundment agents will have to enter into a contract with the Department for the impoundment services to be provided, hold the wildlife in a manor and at a facility that meets the needs of the wildlife, and preserve the chain of custody for the criminal proceedings.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The individuals that choose to become impoundment agents will be provided compensation for their services as part of the contractual arrangement and therefore should have no cost to comply.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
The individuals will benefit from the monetary compensation received for their services and the intangible benefits that arise from providing for the needs of wild animals.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost initially to implement this regulation. Costs will accrue only when wildlife is seized then held by an impoundment agent.
(b) On a continuing basis:
The costs to the Department on a continuing basis will be variable based upon the number and type of wildlife seized by the Department and held by impoundment agents. Any expenditures paid to impoundment agents would be offset by savings to the Department. Without impoundment agents holding the wildlife, the Department would be obligated to use staff time and procure holding facilities, food, and veterinary care for the wildlife. As such, the Department anticipates a net decrease in expenditures for the holding of seized wildlife.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The Fish and Game Fund
(8) 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:
No an increase in fees or funding will not be necessary to implement this regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering is not applied. All individuals who choose to become impoundment agents will be subject to the same regulatory rules and restrictions.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 150.025, 150.105, and KRS 150.120
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
No, this administrative regulation is not expressly authorized by an act of the General Assembly.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Department of Fish and Wildlife Resources
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
$0
For subsequent years:
$0
2. Revenues:
For the first year:
$0
For subsequent years:
$0
3. Cost Savings:
For the first year:
$0 to $15,000
For subsequent years:
$0 to $15,000
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No local entities will be affected by this regulation.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Individuals who choose to contract with the Department to become impoundment agents.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
$0 net
For subsequent years:
$0 net
2. Revenues:
For the first year:
$0 net
For subsequent years:
$0 net
3. Cost Savings:
For the first year:
$0
For subsequent years:
$0
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
The overall fiscal impact of this regulation should be a net positive for the Department and should approximately even out for impoundment agents for a net zero or slight positive fiscal impact.
(b) Methodology and resources used to reach this conclusion:
The number and type of seized wildlife each year varies based upon criminal actions arising from illegal possession of wildlife by the public. The Department is required to maintain seized wildlife until final disposition of associate criminal actions or until otherwise ordered by the courts. The Department does not have appropriate facilities and available staff to meet all potential needs. To maintain seized wildlife, staff duties are expanded to include providing for the wildlife, resulting in additional wages earned. In one instance in 2024-2025, six racoons and three otters were seized with an estimated expenditures to hold and care for those animals at approximately $27,000 for feed, veterinary care, and staff time. By creating impoundment agents as an option for holding seized wildlife, the Department can determine on a case by case basis whether internal holding of the wildlife or use of impoundment agents will be more economical. Impoundment agents will possess appropriate holding facilities and have in place volunteers or staff to meet the seized wildlife’s needs, resulting in significantly lower costs. It is anticipated any revenues for impoundment agents will be minimal and payments will be to offset any expenditures they have.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
The regulation will not have a major economic impact. There will be no net compliance cost as all impoundment agents will be compensated for their services. The current costs expended for the care of seized wildlife is far below the $500,000 threshold over any two-year period. The regulation is intended to provide an avenue for cost savings for the Department. As such any expenditures to impoundment agents will be offset by savings from internal expenses.
(b) The methodology and resources used to reach this conclusion:
The costs associated with the impoundment of seized wildlife must already be borne by the Department. This regulation simply creates a method to utilize members of the public who possess the required knowledge and facilities to hold the wildlife on behalf of the Department and thus the expenditures already borne by the Department will shift from internal costs to the third-party impoundment agents. It is anticipated there will be an overall cost savings for the Department when utilizing the impoundment agents as the Department will have the ability to determine which option is more cost effective prior to utilizing impoundment agents to hold specific seized wildlife.