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

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

 

RELATES TO: KRS 150.010, 150.015, 150.305, 150.320, 150.330, 150.990

STATUTORY AUTHORITY: KRS 65.877, 150.025, 150.180, 150.280

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to regulate the buying, selling, or transporting of wildlife. KRS 150.180 requires a person transporting live wildlife into Kentucky to obtain a permit from the department. KRS 150.280 authorizes the department to promulgate administrative regulations establishing procedures for the holding of protected wildlife. This administrative regulation establishes the procedure 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. Definitions. (1) "Exotic wildlife" means terrestrial wildlife species which have never naturally existed in the wild in Kentucky including introduced species that have become naturalized.

(2) "Permit" means an individual or annual transportation permit issued by the department.

 

Section 2. Exemptions. Transportation permits and captive wildlife permits shall not be required for the importation or possession of exotic wildlife and federally threatened or endangered species listed in this administrative regulation by facilities that are accredited by the American Zoo and Aquarium Association.

 

Section 3. Prohibited Species. (1) Except as specified in Section 2 of this administrative regulation and subsection (3) of this section, a person shall not import or transport through Kentucky or possess in Kentucky the following:

(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) Gambian giant pouched rat (Cricetomys gambianus);

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

(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 (Subgenus 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);

(x) Sky lark (Alauda arvensis);

(y) Song thrush (Turdus philomelus);

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

(aa) Suricate or slender-tailed meerkat (Genus Suricata);

(bb) Tongueless or African clawed frog (Xenopus laevis);

(cc) Weaver finches (Genus Passer), except Passer domesticus;

(dd) White eyes (Genus Zosterops);

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

(ff) Yellowhammer (Emberiza citrinella);

(gg) A member of the following families:

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

2. Viverridae (civits, genets, lingsangs, mongooses and fossas);

3. Tayassuidae (peccaries and javelinas).

(2) Prohibited inherently-dangerous wildlife. Except as specified in Section 2 of this administrative regulation and subsections (3), (5), and (6) of this section, a person shall not import or possess in Kentucky the following:

(a) Adders or vipers (Family Viperidae and Crotalidae) (except native species);

(b) Alligators or caimans (Family Alligatoridae);

(c) African buffalo (Syncerus caffer);

(d) Bears (Family Ursidae);

(e) Cheetah (Acinonyx jubatus);

(f) Clouded leopard (Neofelis nebulosa);

(g) Cobras mambas or coral snakes (Family Elapidae);

(h) Crocodiles (Family Crocodylidae);

(i) Elephants (Family Elephantidae);

(j) Gavials (Family Gavialidae);

(k) Gila monsters or beaded lizards (Family Helodermatidae);

(l) Hippopotamus (Hippopotamus amphibius);

(m) Honey badger or ratel (Mellivora capensis);

(n) Hyenas (Family Hyaenidae), all species except aardwolves (Proteles cristatus);

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

(p) Old world badger (Meles meles);

(q) Primates nonhuman (Order Primates);

(r) Rhinoceroses (Family Rhinocerotidae);

(s) Sea snakes (Family Hydrophidae);

(t) Snow leopard (Uncia uncia);

(u) Venomous rear-fanged species (Family Colubridae) except hognose snakes (Genus Heterodon);

(v) Wolverine (Gulo gulo); or

(w) Hybrids of all species contained in this list.

(3) Upon written request, the commissioner may authorize the importation or possession of the species listed in this section by:

(a) A zoo or 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 educational or research institution;

(e) A lawfully operated circus; or

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

(4) Wildlife possessed or imported into Kentucky per subsections (3) or (5) 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 that 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 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.

(5) A person may apply for a transportation permit to temporarily transport or possess a prohibited animal listed in this section if the animal is within the state for less than ninety-six (96) hours. Transportation permits shall not be issued for consecutive ninety-six (96) hour periods.

(6) Possession of an inherently-dangerous animal prior to the effective date of the amendment to this administrative regulation.

(a) A person who legally possessed in Kentucky an inherently-dangerous animal as defined in subsection (2) of this section prior to July 13, 2005 may continue to possess the animal and shall maintain:

1. Veterinary records;

2. Acquisition papers for the animal; or

3. Any other evidence that establishes that the person possessed the animal in Kentucky prior to July 13, 2005.

(b) A legally-possessed inherently-dangerous animal shall not be bred or replaced without an exemption as established in Sections 2 and 3(3) of this administrative regulation.

(7) If any inherently-dangerous animal escapes, either intentionally or unintentionally, the owner of the animal shall immediately contact local emergency services and the department at 800-252-3578 to report the escape or release.

 

Section 4. Exotic Wildlife. Unless listed in Section 3(1) of this administrative regulation, or otherwise protected by state or federal law, exotic wildlife shall not:

(1) Be classified as protected wildlife; and

(2) Require a permit from the department for possession.

 

Section 5. Transportation Permits and Certificate of Veterinary Inspection. (1) Prior to entry into Kentucky, an annual or individual transportation permit as established in 301 KAR 2:081 shall be obtained for all shipments of wildlife. A person shall be responsible for applying for a transportation permit before the person:

(a) Receives a shipment of wildlife;

(b) Imports wildlife for their own use or possession; or

(c) Transports wildlife into and through the state to a destination outside Kentucky;

(2) A copy of a valid transportation permit shall accompany all shipments of wildlife into Kentucky.

(a) An individual transportation permit shall be valid for one (1) shipment of wildlife and shall also permit possession of the wildlife for the designated time period.

(b) An annual transportation permit shall be valid for multiple wildlife shipments for one (1) year from the date of issue and shall also permit possession of the wildlife for the designated time period.

(c) An annual transportation permit holder shall:

1. Notify the department in writing of any changes or additions subsequent to the original application so that an amended permit may be issued prior to subsequent wildlife importation; and

2. Notify the wildlife division by telephone at 502-564-3400 or 800-858-1549 Monday through Friday between 8 a.m. and 4:30 p.m. at least forty-eight (48) hours prior to each shipment of wildlife of with:

a. The date of expected shipment;

b. The source of the shipment;

c. The species being shipped;

d. The number of individuals of each species; and

e. The period of time when the wildlife will be inside the state of Kentucky.

(3) All shipments of wildlife, except for fish, amphibians, and reptiles, shall be accompanied by a certificate of veterinary inspection stating that the wildlife is free from symptoms of disease. A federal quarantine certificate may be substituted for the certificate of veterinary inspection.

 

Section 6. The following animals shall not require permits from the department for importation:

(1) Alpaca (Vicugna pacos);

(2) American bison (Bison bison);

(3) Breeds and varieties of goats derived from the wild goat or bezoar (Capra aegagrus);

(4) Camels (Camelus bactrianus and Camelus dromedarius);

(5) Chinchillas (Chinchilla laniger);

(6) Cockatoos (family Cacatuidae);

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

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

(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;

(10) Domestic swine, except free-roaming or feral wild boars or wild swine;

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

(12) 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) Domestic yak (Bos grunniens);

(14) Gerbils (Meriones unguiculatus);

(15) Guinea fowl (Numida megeagris);

(16) Guinea pigs (Cavia porcellus);

(17) Hamsters (Mesocricetus spp.);

(18) Indian Hill mynahs (Gracula religiosa);

(19) Llama (Lama glama);

(20) Parrots, lovebirds, cockatiels, budgerigar, parakeets (except monk parakeet (M. monachus), macaws (family Psittacidae);

(21) Peafowl (Pavo cristatus);

(22) Pigeons (Columba domestica or Columba livia) or domesticated races of pigeons;

(23) Ratites, as defined by KRS 247.870; and

(24) Toucans (family Rhamphastidae).

 

Section 7. Applying for Permits. (1) An application for a permit shall be made on the appropriate form.

(2) The applicant shall indicate the source of supply of the wildlife.

(3) After the permit is issued, the permit holder shall retain a bill of sale or other written proof to show that the wildlife was obtained from a legal source.

(4) A permit holder shall show this written proof to a conservation officer upon request.

(5) An applicant shall possess an approved permit before transporting exotic wildlife into Kentucky.

(6) A permit application may be denied if the permit holder has been convicted of a violation of:

(a) Any provision in this administrative regulation; or

(b) Another federal or state wildlife law regarding the holding or transportation of exotic wildlife.

(7) Failure to provide accurate, truthful 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.

(8) An applicant shall be responsible for knowing and following local ordinances and rules regarding the wildlife to be held in a locality.

 

Section 8. Endangered Species. A permit may be issued for the transportation or possession of federally endangered or threatened species if:

(1) It is not listed in Section 3 of this administrative regulation; and

(2) Proof of lawful possession and acquisition is provided.

 

Section 9. 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 10. Release. With the exception of pheasants and chukars, a person shall not release exotic wildlife into the wild.

 

Section 11. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Annual Transportation Permit Application, June 2008 edition"; and

(b) "Individual Transportation Permit Application, June 2008 edi

tion."

(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. (24 Ky.R. 427; Am. 869; eff. 10-8-97; 29 Ky.R. 1016; 1530; eff. 12-18-2002; 30 Ky.R. 404; eff. 10-31-03; 31 Ky.R. 1536; 1982; 32 Ky.R. 53, eff. 7-13-05; 33 Ky.R. 2365; eff. 5-4-07; 35 Ky.R. 340; 790; eff. 10-8-08; 38 Ky.R. 1038; 1339; 1400; 1532; eff. 2-2-12.)


The administrative regulations provided here are an unofficial posting of the Kentucky Administrative Regulations. Pursuant to KRS 61.874, it is unlawful to use any records available on the Kentucky web site for a commercial purpose without agreement with the Legislative Research Commission.