Title 301 | Chapter 004 | Regulation 120REG
PROPOSED
This document is not yet current.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 4:120.Wildlife disease reporting.
Section 1.
Definitions(1)
"CWD Surveillance Zone" means an area designated as being subject to special deer hunting regulations due to a CWD positive cervid detection.(2)
"Euthanasia" means the act of putting an animal to death in a humane manner using a lethal injection adhering to American Veterinary Medical Association Guidelines for the Euthanasia of Animals.(3)
"Exotic wildlife" means wildlife species that have never naturally existed in the wild in Kentucky, including species introduced by man that have become naturalized.(4)
"Fish" all wild and propagated finfish, mollusks, crustaceans, and other forms of aquatic animals, excluding aquatic mammals and birds. Including any part, spawn, or ovum of those animals.(5)
"Native wildlife" means wildlife species that have historically existed, currently exist, or have naturally expanded their range:(a)
In the wild into Kentucky;(b)
Without introduction by humans; and(c)
Regardless of:1.
Origin or location of an individual animal; and2.
Being captive-bred or taken from the wild.(6)
"Rabies vector species" means a:(a)
Bats of any species (order Chiroptera)(b)
Coyote (Canis latrans);(c)
Gray fox (Urocyon cinereoargenteus);(d)
Raccoon (Procyon lotor);(e)
Red fox (Vulpes vulpes);(f)
Spotted skunk (Spilogale putorius);(g)
Striped skunk (Mephitis mephitis); or(h)
Any hybrid of paragraphs (a) through (f) this subsection.(7)
"Veterinarian" is defined by KRS 321.181(67).Section 2.
Duty to Notify. Every veterinarian, veterinary practice and personnel; veterinary diagnostic laboratory and personnel; laboratory providing diagnostics for native or exotic wildlife and fish for Kentucky; holder of captive wildlife; persons associated with any wildlife or fish sales or event establishment and personnel; transportation provider; commercial wildlife services, facility and personnel; or any other person or entity having knowledge of the existence of any reportable disease, as established in Section (3) of this administrative regulation, shall report the disease or condition to the KDFWR Wildlife Veterinarian.Section 3.
Diseases to be reported.(1)
The following diseases and conditions shall be reported to the KDFWR Wildlife Veterinarian:(a)
Algal toxicosis;(b)
Anaplasmosis;(c)
Anthrax;(d)
Batrachochytrium dendrobatidis (Chytridiomycosis);(e)
Batrachochytrium salamandrivorans (Chytridiomycosis);(f)
Bluetongue;(g)
Botulism;(h)
Brucellosis;(i)
Canine Distemper Virus;(j)
Chronic Wasting Disease (CWD);(k)
Clostridium piliforme (Tyzzer's Disease);(l)
Duck virus enteritis (Duck Plague);(m)
Echinococcus spp. (Echinococcosis);(n)
Epizootic Hemorhagic Disease;(o)
Hantaviruses;(p)
Highly Pathogenic Avian Influenza;(q)
Histomoniasis (Blackhead disease);(r)
Lead Toxicosis;(s)
Leptospira interogans ssp. (Leptospirosis);(t)
Mycoplasma gallisepticum;(u)
Mycoplasma agassizii;(v)
Mycotoxicosis (aflatoxins and fusariotoxins);(w)
Ophidiomyces ophiodiicola (Snake fungal disease);(x)
Paratuberculosis (Johne's disease);(y)
Plague (Yersinia pestis);(z)
Pseudogymnoascus destructans (White-nose Syndrome);(aa)
Pseudorabies;(bb)
Rabies;(cc)
Rabbit Hemorrhagic Disease Virus;(dd)
Ranavirus;(ee)
Salmonellosis (Salmonella enterica, all serovars);(ff)
SARS-CoV-2;(gg)
Sarcoptes scabiei (Sarcoptic Mange);(hh)
Theileriosis;(ii)
Trichinellosis;(jj)
Tuberculosis;(kk)
Tularemia;(ll)
Virulent Newcastle Disease;(mm)
Vesicular Stomatitis;(nn)
West Nile Virus (WNV);(oo)
Any additional diseases or conditions listed by the World Organization for Animal Health (WOAH) Listed Diseases including the Terrestrial Animal and Aquatic Animal disease list; and(pp)
Any disease or condition listed in the United Stated Department of Agriculture National List of Reportable Animal Diseases (NLRAD),(2)
Conditions of any etiology that meet any of the following criteria shall be reported immediately:(a)
Chemical poisoning in wildlife and fish involving anticoagulant rodenticides, heavy metals, and pesticides.(b)
Encephalitis or other central nervous system disease;(c)
Unusual morbidity or mortality event in free-ranging wildlife, captive wildlife, and fish; or(d)
Highly infectious conditions of any etiology, known or unknown.Section 4.
Notification Requirements for Reportable Diseases(1)
The notification shall be given to the Wildlife Veterinarian, Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601; telephone 502-892-4584 or wildlifehealth@ky.gov within forty-eight (48) hours of confirmation of a reportable disease defined in Section 3 of this regulation.(2)
The person reporting shall submit:(a)
Name, address, and telephone number of the submitter of wildlife or fish;(b)
The wildlife or fish species, age, sex, number of animals affected, and clinical signs;(c)
A location address or GPS coordinates for wildlife and fish tested or affected;(d)
The name, address, and telephone number of the veterinarian submitting the case; and(e)
If different from submitter, name, address, and telephone number of the person reporting or holder of captive wildlife.(3)
A report submitted to the KDFWR Wildlife Veterinarian by a diagnostic laboratory of a condition suspected or diagnosed by a test result or other laboratory procedure shall constitute notification on behalf of the laboratory and the submitting veterinarian or holder.Section 5.
Euthanasia of Wildlife for Reportable Diseases.(1)
Individuals with the following qualifications may euthanize wildlife presented to them suspected of having a reportable disease as identified in Section 3 of this regulation.(a)
KDFWR staff or representative of the department who is engaged in wildlife activities in an official capacity; or(b)
Licensed Veterinarian authorized to practice veterinary medicine in Kentucky under KRS Chapter 321.(2)
Public Health Officials, acting in their official capacity, whose duties include euthanasia for reportable disease testing, may euthanize wild mammal species that bites a person, or wild mammal species that shows symptoms of a rabies infection, as established in 902 KAR 2:070, Section 5 and KRS 258.085(1)(c) except bats found in non-living spaces with no known contact with humans may not be euthanized.(3)
Animal control officers that hold a valid Animal Euthanasia Specialist (AES) certification, pursuant to KRS 321.207(4) and 201 KAR 16:560, and who have completed an approved Wildlife Chemical Immobilization training may be authorized to euthanize rabies vector species, excluding bats, that are presented to them at a permitted facility and are suspected of having a reportable disease.(a)
To qualify for this authorization, the certified AES shall submit to the Department:1.
Proof they possess a valid Animal Euthanasia Specialist Certificate; and2.
Proof they completed and passed a San Diego Zoo Wildlife Alliance Academy (SDZWAA) Safe Capture Training course in Chemical Immobilization of Wildlife.(b)
Wildlife euthanized by certified Animal Euthanasia Specialist for reportable disease conditions must be presented to authorized personnel at permitted facilities and cannot be trapped or taken from the environment without a valid Nuisance Wildlife Control Operator permit per 301 KAR 3:120 or with a valid trapping license during a legal trapping season for that species KRS 150.175 and 301 KAR 2.251.(c)
Reporting Requirements for certified Animal Euthanasia Specialists:1.
In addition to the standard wildlife disease reporting requirements found in Section 4 of this regulation, certified Animal Euthanasia Specialists shall submit an annual report of total number euthanized wildlife (species, county, date, disease) submitted within 30 days of December 31st each year in which wildlife were euthanized.2.
A wildlife carcass not submitted for testing shall be:a.
Retained in cold storage; andb.
Reported to the Department Veterinarian within forty-eight (48) hours for proper disposition (phone 502-892-4584 or email at wildlifehealth@ky.gov).Section 6.
Approved Euthanasia Methods for certified Animal Euthanasia Specialist. Certified Animal Euthanasia Specialists euthanizing wildlife at an animal control facility certified pursuant to KRS 321.207 and 201 KAR 16:550 and 552 shall comply with approved methods for euthanasia as established in 201 KAR 16:562.Section 7.
Carcass Disposal(1)
Any cervids euthanized for reportable disease conditions shall be disposed of in accordance with 301 KAR 4:090 as established for taxidermists and shall not be transported outside of CWD surveillance zones for disposal in accordance with 301 KAR 2:172.(2)
Certified Animal Euthanasia Specialist shall dispose of carcasses in a way to prevent accidental exposure to other wildlife. Acceptable means of disposal include the following, if in accordance with 201 KAR 16:562, KRS 257.160 and local county and municipality waste disposal laws:(a)
Burying the carcass or parts in an opening in the earth at least four (4) feet deep and covered with at least three (3) feet of earth; or(b)
Depositing the carcass or parts in a contained landfill, as established in KRS Chapter 224 and meeting liner requirements per 401 KAR 48:080.Section 8.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"American Veterinary Medical Association Guidelines for the Euthanasia of Animals", 2020 Edition.(b)
"Certified Animal Euthanasia Specialist Annual Wildlife Euthanasia Report", 2025 Edition;(c)
"The World Organization for Animal Health (WOAH) Listed Diseases and Non-Listed Affecting Wildlife", 2023 Edition.(d)
"United Stated Department of Agriculture National List of Reportable Animal Diseases (NLRAD)", 2023 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 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or online at:(a)
https://www.avma.org/sites/default/files/2020-02/Guidelines-on-Euthanasia-2020.pdf for the "American Veterinary Medical Association Guidelines for the Euthanasia of Animals";(b)
https://fw.ky.gov/Wildlife/Documents/CertAnimalEuthanasiaSpecialistAnnualReport.pdf for the "Certified Animal Euthanasia Specialist Annual Wildlife Euthanasia Report";(c)
https://fw.ky.gov/Wildlife/Pages/reportablewildlifedisease.aspx for the "The World Organization for Animal Health (WOAH) Listed Diseases and Non-Listed Affecting Wildlife,"; andhttps://fw.ky.gov/Wildlife/Pages/reportablewildlifedisease.aspx for the "United Stated Department of Agriculture National List of Reportable Animal Diseases (NLRAD),".Approved by the Fish and Wildlife Commission:
RICH STORM, Commissioner
APPROVED BY AGENCY: April 24, 2025
FILED WITH LRC: April 28, 2025 at 11:51 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 31, 2025, at 10:00 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 July 31, 2025. 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
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes reporting requirements for diseases of concern found in wildlife and establishes authority for various officials to perform euthanasia of wildlife suspected to have reportable diseases.
(b) The necessity of this administrative regulation:
This regulation is necessary to provide local animal control agencies with a mechanism to euthanize wildlife suspected of disease, to provide public health officials with authority to euthanize animals suspected of rabies, and to help control the spread of wildlife diseases.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025(1) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the take of fish and wildlife and to promulgate any other administrative regulation reasonably necessary to implement or carry out the purposes of KRS Chapter 150. Those purposes include to protect and conserve the wildlife of this Commonwealth so as to insure a permanent and continued supply of the wildlife resources of this state and to protect the food supply of this state. Protecting the wildlife of the Commonwealth from disease is essential to these purposes.
(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 by providing means for which local officials can eliminate diseased wildlife, public health officials can protect against rabies, and provide a centralized reporting system for wildlife diseases so Department staff can track the spread of diseases and coordinate efforts to combat them.
(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) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All veterinarians, veterinarian practices, veterinarian practice personnel, diagnostic laboratories, diagnostic laboratory personnel, holders of captive wildlife, wildlife rehabbers, persons associated with wildlife or fish sales or events, wildlife transporters, commercial wildlife services, facilities, and personnel, any other person or entity having knowledge of the existence of reportable wildlife diseases, public health officials engaged in rabies detection activities for wildlife, the Kentucky Board of Veterinary Examiners, and local governmental animal control officers possessing animal euthanasia specialist certification who are authorized to perform euthanasia of wildlife.
(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:
The entities will be required to report to KDFWR staff when reportable diseases are confirmed in fish or wildlife species. Animal euthanasia specialists will need to supply credentials to KDFWR to be allowed to euthanize wildlife and those engaging in euthanasia of wildlife will have annual reporting requirements.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no additional costs for any of the entities identified in question 3, except animal euthanasia specialists who wish to obtain authorization to euthanize wildlife will be required to complete a wildlife chemical immobilization training course for a one-time fee of $675. This fee is set and the training is provided by an international non-profit conservation organization.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The benefit to the entities will be enhanced wildlife disease monitoring for situational awareness, enhanced coordination and response for wildlife disease outbreaks, and for those entities with authority to euthanize wildlife, a mechanism for the entities to address and eliminate diseased wildlife. These benefits will also promote public safety for all citizens of the Commonwealth.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no added cost to KDFWR initially.
(b) On a continuing basis:
There will be no added cost to KDFWR 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 Kentucky Fish and Game 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:
There will be no need for an increase in fees or funding to administer this regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There is an indirect fee associated with the cost of a Wildlife Chemical Immobilization course ($675). This course is an additional training required only for Certified Animal Euthanasia Specialist. Participants will be provided an in-depth training on how to chemical immobilize wildlife which is necessary prior to euthanasia as wildlife are not pets and required different techniques for restraint.
(9) TIERING: Is tiering applied?
Tiering is not applied as all entities for which each section is applicable are treated the same. Certain sections are only applicable to certain government entities and personnel.
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 150.015, KRS 150.025 (1)(h)
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
KRS 150.015 requires the Kentucky Department of Fish and Wildlife Resources with the duty to protect, preserve and conserve the fish and wildlife resources of the Commonwealth. KRS 150.025 (1)(h) authorizes the Department to promulgate administrative regulations necessary to carry out the purposes of KRS Chapter 150. Because of the impact of certain diseases found in livestock and poultry to the native fish and wildlife populations, the Department believes it is necessary to establish a listing of all reportable diseases which can be transmitted to fish and wildlife and set out the conditions under which the diseases shall be reported. This administrative regulation establishes a comprehensive list of reportable diseases and the conditions under which the diseases shall be reported.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Department of Fish and Wildlife Resources, Wildlife Division and Veterinarian
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
There is no cost to KDFWR in the first year.
For subsequent years:
There is no cost to KDFWR in subsequent years.
2. Revenues:
For the first year:
No additional revenue will be collected in the first year.
For subsequent years:
No additional revenue will be collected in subsequent years.
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Public health officials engaged in rabies detection activities for wildlife, the Kentucky Board of Veterinary Examiners, and local governmental animal control officers possessing animal euthanasia specialist certification who are authorized to perform euthanasia of wildlife.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
There will be no additional costs for any of the entities identified, except certified animal euthanasia specialists who wish to obtain authorization to euthanize wildlife will be required to complete a wildlife chemical immobilization training course for a one-time fee of $675. This fee is set and the training is provided by an international non-profit conservation organization.
For subsequent years:
If an international non-profit conservation organization changed the cost of the training course, the fee could change in subsequent years. KDFWR does not set that fee.
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):
Veterinarian practices, diagnostic laboratories, holders of captive wildlife, wildlife rehabbers, persons associated with wildlife or fish sales or events, wildlife transporters, commercial wildlife services, facilities, and personnel, any other person or entity having knowledge of the existence of reportable wildlife diseases.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
There is no additional cost for the entities identified in this section to report detections of diseases listed in this regulation.
For subsequent years:
There is no additional cost for reporting detections of diseases listed in this regulation by the entities identified in this section for subsequent years. 2. Revenues: N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A 3. Cost Savings:
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(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:
There will be no added cost to KDFWR on a continuing basis. There will be no need for an increase in fees or funding to administer this regulation. The only fiscal impact would be on local Animal Control who decide to have certified animal euthanasia specialist authorized to engage wildlife euthanasia activities.
(b) Methodology and resources used to reach this conclusion:
There will be no additional costs to administer this regulation. Local Animal Control facilities that employee certified animal euthanasia specialist that voluntarily decide to engage in wildlife euthanasia are required to complete a training in wildlife chemical immobilization. The cost for this is set by international non-profit conservation organization and not determined by the agency. The required training in wildlife chemical immobilization was selected as it is approved by the National Animal Care & Control Association, which provides resources and standardize training for animal control professionals. Local Animal Control entities may choose to not engage in wildlife euthanasia activities and therefore would not be impacted by the one-time training fee.
(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(13):
This regulation will not have an overall negative or adverse major economic impact to the entities identified above.
(b) The methodology and resources used to reach this conclusion:
There will be no additional costs to administer this regulation or reporting entities identified in this regulation. The only cost associated with this regulation is the one-time fee of $675, specifically for animal control officers that hold a valid animal euthanasia specialist certificate who want to be authorized to engage in wildlife euthanasia activities. This fee is set by international non-profit conservation organization that is approved by the National Animal Care & Control Association. This is a voluntary and only required if local Animal Control facilities choose to engage in wildlife euthanasia activities.
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
(New Administrative Regulation)
301 KAR 4:120.Wildlife disease reporting.
Section 1.
Definitions(1)
"CWD Surveillance Zone" means an area designated as being subject to special deer hunting regulations due to a CWD positive cervid detection.(2)
"Euthanasia" means the act of putting an animal to death in a humane manner using a lethal injection adhering to American Veterinary Medical Association Guidelines for the Euthanasia of Animals.(3)
"Exotic wildlife" means wildlife species that have never naturally existed in the wild in Kentucky, including species introduced by man that have become naturalized.(4)
"Fish" all wild and propagated finfish, mollusks, crustaceans, and other forms of aquatic animals, excluding aquatic mammals and birds. Including any part, spawn, or ovum of those animals.(5)
"Native wildlife" means wildlife species that have historically existed, currently exist, or have naturally expanded their range:(a)
In the wild into Kentucky;(b)
Without introduction by humans; and(c)
Regardless of:1.
Origin or location of an individual animal; and2.
Being captive-bred or taken from the wild.(6)
"Rabies vector species" means a:(a)
Bats of any species (order Chiroptera)(b)
Coyote (Canis latrans);(c)
Gray fox (Urocyon cinereoargenteus);(d)
Raccoon (Procyon lotor);(e)
Red fox (Vulpes vulpes);(f)
Spotted skunk (Spilogale putorius);(g)
Striped skunk (Mephitis mephitis); or(h)
Any hybrid of paragraphs (a) through (f) this subsection.(7)
"Veterinarian" is defined by KRS 321.181(67).Section 2.
Duty to Notify. Every veterinarian, veterinary practice and personnel; veterinary diagnostic laboratory and personnel; laboratory providing diagnostics for native or exotic wildlife and fish for Kentucky; holder of captive wildlife; persons associated with any wildlife or fish sales or event establishment and personnel; transportation provider; commercial wildlife services, facility and personnel; or any other person or entity having knowledge of the existence of any reportable disease, as established in Section (3) of this administrative regulation, shall report the disease or condition to the KDFWR Wildlife Veterinarian.Section 3.
Diseases to be reported.(1)
The following diseases and conditions shall be reported to the KDFWR Wildlife Veterinarian:(a)
Algal toxicosis;(b)
Anaplasmosis;(c)
Anthrax;(d)
Batrachochytrium dendrobatidis (Chytridiomycosis);(e)
Batrachochytrium salamandrivorans (Chytridiomycosis);(f)
Bluetongue;(g)
Botulism;(h)
Brucellosis;(i)
Canine Distemper Virus;(j)
Chronic Wasting Disease (CWD);(k)
Clostridium piliforme (Tyzzer's Disease);(l)
Duck virus enteritis (Duck Plague);(m)
Echinococcus spp. (Echinococcosis);(n)
Epizootic Hemorhagic Disease;(o)
Hantaviruses;(p)
Highly Pathogenic Avian Influenza;(q)
Histomoniasis (Blackhead disease);(r)
Lead Toxicosis;(s)
Leptospira interogans ssp. (Leptospirosis);(t)
Mycoplasma gallisepticum;(u)
Mycoplasma agassizii;(v)
Mycotoxicosis (aflatoxins and fusariotoxins);(w)
Ophidiomyces ophiodiicola (Snake fungal disease);(x)
Paratuberculosis (Johne's disease);(y)
Plague (Yersinia pestis);(z)
Pseudogymnoascus destructans (White-nose Syndrome);(aa)
Pseudorabies;(bb)
Rabies;(cc)
Rabbit Hemorrhagic Disease Virus;(dd)
Ranavirus;(ee)
Salmonellosis (Salmonella enterica, all serovars);(ff)
SARS-CoV-2;(gg)
Sarcoptes scabiei (Sarcoptic Mange);(hh)
Theileriosis;(ii)
Trichinellosis;(jj)
Tuberculosis;(kk)
Tularemia;(ll)
Virulent Newcastle Disease;(mm)
Vesicular Stomatitis;(nn)
West Nile Virus (WNV);(oo)
Any additional diseases or conditions listed by the World Organization for Animal Health (WOAH) Listed Diseases including the Terrestrial Animal and Aquatic Animal disease list; and(pp)
Any disease or condition listed in the United Stated Department of Agriculture National List of Reportable Animal Diseases (NLRAD),(2)
Conditions of any etiology that meet any of the following criteria shall be reported immediately:(a)
Chemical poisoning in wildlife and fish involving anticoagulant rodenticides, heavy metals, and pesticides.(b)
Encephalitis or other central nervous system disease;(c)
Unusual morbidity or mortality event in free-ranging wildlife, captive wildlife, and fish; or(d)
Highly infectious conditions of any etiology, known or unknown.Section 4.
Notification Requirements for Reportable Diseases(1)
The notification shall be given to the Wildlife Veterinarian, Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601; telephone 502-892-4584 or wildlifehealth@ky.gov within forty-eight (48) hours of confirmation of a reportable disease defined in Section 3 of this regulation.(2)
The person reporting shall submit:(a)
Name, address, and telephone number of the submitter of wildlife or fish;(b)
The wildlife or fish species, age, sex, number of animals affected, and clinical signs;(c)
A location address or GPS coordinates for wildlife and fish tested or affected;(d)
The name, address, and telephone number of the veterinarian submitting the case; and(e)
If different from submitter, name, address, and telephone number of the person reporting or holder of captive wildlife.(3)
A report submitted to the KDFWR Wildlife Veterinarian by a diagnostic laboratory of a condition suspected or diagnosed by a test result or other laboratory procedure shall constitute notification on behalf of the laboratory and the submitting veterinarian or holder.Section 5.
Euthanasia of Wildlife for Reportable Diseases.(1)
Individuals with the following qualifications may euthanize wildlife presented to them suspected of having a reportable disease as identified in Section 3 of this regulation.(a)
KDFWR staff or representative of the department who is engaged in wildlife activities in an official capacity; or(b)
Licensed Veterinarian authorized to practice veterinary medicine in Kentucky under KRS Chapter 321.(2)
Public Health Officials, acting in their official capacity, whose duties include euthanasia for reportable disease testing, may euthanize wild mammal species that bites a person, or wild mammal species that shows symptoms of a rabies infection, as established in 902 KAR 2:070, Section 5 and KRS 258.085(1)(c) except bats found in non-living spaces with no known contact with humans may not be euthanized.(3)
Animal control officers that hold a valid Animal Euthanasia Specialist (AES) certification, pursuant to KRS 321.207(4) and 201 KAR 16:560, and who have completed an approved Wildlife Chemical Immobilization training may be authorized to euthanize rabies vector species, excluding bats, that are presented to them at a permitted facility and are suspected of having a reportable disease.(a)
To qualify for this authorization, the certified AES shall submit to the Department:1.
Proof they possess a valid Animal Euthanasia Specialist Certificate; and2.
Proof they completed and passed a San Diego Zoo Wildlife Alliance Academy (SDZWAA) Safe Capture Training course in Chemical Immobilization of Wildlife.(b)
Wildlife euthanized by certified Animal Euthanasia Specialist for reportable disease conditions must be presented to authorized personnel at permitted facilities and cannot be trapped or taken from the environment without a valid Nuisance Wildlife Control Operator permit per 301 KAR 3:120 or with a valid trapping license during a legal trapping season for that species KRS 150.175 and 301 KAR 2.251.(c)
Reporting Requirements for certified Animal Euthanasia Specialists:1.
In addition to the standard wildlife disease reporting requirements found in Section 4 of this regulation, certified Animal Euthanasia Specialists shall submit an annual report of total number euthanized wildlife (species, county, date, disease) submitted within 30 days of December 31st each year in which wildlife were euthanized.2.
A wildlife carcass not submitted for testing shall be:a.
Retained in cold storage; andb.
Reported to the Department Veterinarian within forty-eight (48) hours for proper disposition (phone 502-892-4584 or email at wildlifehealth@ky.gov).Section 6.
Approved Euthanasia Methods for certified Animal Euthanasia Specialist. Certified Animal Euthanasia Specialists euthanizing wildlife at an animal control facility certified pursuant to KRS 321.207 and 201 KAR 16:550 and 552 shall comply with approved methods for euthanasia as established in 201 KAR 16:562.Section 7.
Carcass Disposal(1)
Any cervids euthanized for reportable disease conditions shall be disposed of in accordance with 301 KAR 4:090 as established for taxidermists and shall not be transported outside of CWD surveillance zones for disposal in accordance with 301 KAR 2:172.(2)
Certified Animal Euthanasia Specialist shall dispose of carcasses in a way to prevent accidental exposure to other wildlife. Acceptable means of disposal include the following, if in accordance with 201 KAR 16:562, KRS 257.160 and local county and municipality waste disposal laws:(a)
Burying the carcass or parts in an opening in the earth at least four (4) feet deep and covered with at least three (3) feet of earth; or(b)
Depositing the carcass or parts in a contained landfill, as established in KRS Chapter 224 and meeting liner requirements per 401 KAR 48:080.Section 8.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"American Veterinary Medical Association Guidelines for the Euthanasia of Animals", 2020 Edition.(b)
"Certified Animal Euthanasia Specialist Annual Wildlife Euthanasia Report", 2025 Edition;(c)
"The World Organization for Animal Health (WOAH) Listed Diseases and Non-Listed Affecting Wildlife", 2023 Edition.(d)
"United Stated Department of Agriculture National List of Reportable Animal Diseases (NLRAD)", 2023 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 40601, Monday through Friday, 8 a.m. to 4:30 p.m. or online at:(a)
https://www.avma.org/sites/default/files/2020-02/Guidelines-on-Euthanasia-2020.pdf for the "American Veterinary Medical Association Guidelines for the Euthanasia of Animals";(b)
https://fw.ky.gov/Wildlife/Documents/CertAnimalEuthanasiaSpecialistAnnualReport.pdf for the "Certified Animal Euthanasia Specialist Annual Wildlife Euthanasia Report";(c)
https://fw.ky.gov/Wildlife/Pages/reportablewildlifedisease.aspx for the "The World Organization for Animal Health (WOAH) Listed Diseases and Non-Listed Affecting Wildlife,"; andhttps://fw.ky.gov/Wildlife/Pages/reportablewildlifedisease.aspx for the "United Stated Department of Agriculture National List of Reportable Animal Diseases (NLRAD),".Approved by the Fish and Wildlife Commission:
RICH STORM, Commissioner
APPROVED BY AGENCY: April 24, 2025
FILED WITH LRC: April 28, 2025 at 11:51 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 31, 2025, at 10:00 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 July 31, 2025. 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
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes reporting requirements for diseases of concern found in wildlife and establishes authority for various officials to perform euthanasia of wildlife suspected to have reportable diseases.
(b) The necessity of this administrative regulation:
This regulation is necessary to provide local animal control agencies with a mechanism to euthanize wildlife suspected of disease, to provide public health officials with authority to euthanize animals suspected of rabies, and to help control the spread of wildlife diseases.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 150.025(1) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations regarding the take of fish and wildlife and to promulgate any other administrative regulation reasonably necessary to implement or carry out the purposes of KRS Chapter 150. Those purposes include to protect and conserve the wildlife of this Commonwealth so as to insure a permanent and continued supply of the wildlife resources of this state and to protect the food supply of this state. Protecting the wildlife of the Commonwealth from disease is essential to these purposes.
(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 by providing means for which local officials can eliminate diseased wildlife, public health officials can protect against rabies, and provide a centralized reporting system for wildlife diseases so Department staff can track the spread of diseases and coordinate efforts to combat them.
(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) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All veterinarians, veterinarian practices, veterinarian practice personnel, diagnostic laboratories, diagnostic laboratory personnel, holders of captive wildlife, wildlife rehabbers, persons associated with wildlife or fish sales or events, wildlife transporters, commercial wildlife services, facilities, and personnel, any other person or entity having knowledge of the existence of reportable wildlife diseases, public health officials engaged in rabies detection activities for wildlife, the Kentucky Board of Veterinary Examiners, and local governmental animal control officers possessing animal euthanasia specialist certification who are authorized to perform euthanasia of wildlife.
(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:
The entities will be required to report to KDFWR staff when reportable diseases are confirmed in fish or wildlife species. Animal euthanasia specialists will need to supply credentials to KDFWR to be allowed to euthanize wildlife and those engaging in euthanasia of wildlife will have annual reporting requirements.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no additional costs for any of the entities identified in question 3, except animal euthanasia specialists who wish to obtain authorization to euthanize wildlife will be required to complete a wildlife chemical immobilization training course for a one-time fee of $675. This fee is set and the training is provided by an international non-profit conservation organization.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The benefit to the entities will be enhanced wildlife disease monitoring for situational awareness, enhanced coordination and response for wildlife disease outbreaks, and for those entities with authority to euthanize wildlife, a mechanism for the entities to address and eliminate diseased wildlife. These benefits will also promote public safety for all citizens of the Commonwealth.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no added cost to KDFWR initially.
(b) On a continuing basis:
There will be no added cost to KDFWR 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 Kentucky Fish and Game 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:
There will be no need for an increase in fees or funding to administer this regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There is an indirect fee associated with the cost of a Wildlife Chemical Immobilization course ($675). This course is an additional training required only for Certified Animal Euthanasia Specialist. Participants will be provided an in-depth training on how to chemical immobilize wildlife which is necessary prior to euthanasia as wildlife are not pets and required different techniques for restraint.
(9) TIERING: Is tiering applied?
Tiering is not applied as all entities for which each section is applicable are treated the same. Certain sections are only applicable to certain government entities and personnel.
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 150.015, KRS 150.025 (1)(h)
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
KRS 150.015 requires the Kentucky Department of Fish and Wildlife Resources with the duty to protect, preserve and conserve the fish and wildlife resources of the Commonwealth. KRS 150.025 (1)(h) authorizes the Department to promulgate administrative regulations necessary to carry out the purposes of KRS Chapter 150. Because of the impact of certain diseases found in livestock and poultry to the native fish and wildlife populations, the Department believes it is necessary to establish a listing of all reportable diseases which can be transmitted to fish and wildlife and set out the conditions under which the diseases shall be reported. This administrative regulation establishes a comprehensive list of reportable diseases and the conditions under which the diseases shall be reported.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Department of Fish and Wildlife Resources, Wildlife Division and Veterinarian
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
There is no cost to KDFWR in the first year.
For subsequent years:
There is no cost to KDFWR in subsequent years.
2. Revenues:
For the first year:
No additional revenue will be collected in the first year.
For subsequent years:
No additional revenue will be collected in subsequent years.
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Public health officials engaged in rabies detection activities for wildlife, the Kentucky Board of Veterinary Examiners, and local governmental animal control officers possessing animal euthanasia specialist certification who are authorized to perform euthanasia of wildlife.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
There will be no additional costs for any of the entities identified, except certified animal euthanasia specialists who wish to obtain authorization to euthanize wildlife will be required to complete a wildlife chemical immobilization training course for a one-time fee of $675. This fee is set and the training is provided by an international non-profit conservation organization.
For subsequent years:
If an international non-profit conservation organization changed the cost of the training course, the fee could change in subsequent years. KDFWR does not set that fee.
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):
Veterinarian practices, diagnostic laboratories, holders of captive wildlife, wildlife rehabbers, persons associated with wildlife or fish sales or events, wildlife transporters, commercial wildlife services, facilities, and personnel, any other person or entity having knowledge of the existence of reportable wildlife diseases.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
There is no additional cost for the entities identified in this section to report detections of diseases listed in this regulation.
For subsequent years:
There is no additional cost for reporting detections of diseases listed in this regulation by the entities identified in this section for subsequent years. 2. Revenues: N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A 3. Cost Savings:
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(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:
There will be no added cost to KDFWR on a continuing basis. There will be no need for an increase in fees or funding to administer this regulation. The only fiscal impact would be on local Animal Control who decide to have certified animal euthanasia specialist authorized to engage wildlife euthanasia activities.
(b) Methodology and resources used to reach this conclusion:
There will be no additional costs to administer this regulation. Local Animal Control facilities that employee certified animal euthanasia specialist that voluntarily decide to engage in wildlife euthanasia are required to complete a training in wildlife chemical immobilization. The cost for this is set by international non-profit conservation organization and not determined by the agency. The required training in wildlife chemical immobilization was selected as it is approved by the National Animal Care & Control Association, which provides resources and standardize training for animal control professionals. Local Animal Control entities may choose to not engage in wildlife euthanasia activities and therefore would not be impacted by the one-time training fee.
(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(13):
This regulation will not have an overall negative or adverse major economic impact to the entities identified above.
(b) The methodology and resources used to reach this conclusion:
There will be no additional costs to administer this regulation or reporting entities identified in this regulation. The only cost associated with this regulation is the one-time fee of $675, specifically for animal control officers that hold a valid animal euthanasia specialist certificate who want to be authorized to engage in wildlife euthanasia activities. This fee is set by international non-profit conservation organization that is approved by the National Animal Care & Control Association. This is a voluntary and only required if local Animal Control facilities choose to engage in wildlife euthanasia activities.