301 KAR 1:122. Importation, possession; live fish.
RELATES TO: KRS 150.025, 150.175, 150.180, 150.190
STATUTORY AUTHORITY: KRS 150.025
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to promulgate administrative regulations regarding the taking of wildlife to carry out the purposes of KRS Chapter 150, including the protection and conservation of wildlife. This administrative regulation establishes the species of aquatic life which are prohibited in the Commonwealth.
Section 1. A live fish, live minnow or live bait organisms, including a reproductive part thereof, not native or established in Kentucky waters shall not be bought, sold, possessed, imported, used or released into the waters of this Commonwealth, except as specified in Sections 2 and 4 of this administrative regulation.
Section 2. Exceptions. (1) Aquarium species except those in Section 3 of this administrative regulation may be imported, sold, or possessed in aquaria, but shall not be released directly or indirectly into the waters of this Commonwealth.
(2) Triploid (sterile) grass carp (Ctenopharyngodon idella) may be imported, sold, or possessed provided the proper permit is obtained as provided in 301 KAR 1:171.
(3) Diploid (fertile) grass carp may be imported and possessed only by certified propagators for the exclusive purpose of producing triploid grass carp.
(4) Other nonnative fishes may be imported, possessed, and sold with the approval of the Division of Fisheries.
Section 3. The following live aquatic organism shall not be imported, sold, or possessed in aquaria:
(1) Subfamily Serrasalminae - piranha, piraya, pirae, or tiger characins.
(2) Astyanax mexicanus - Mexican banded tetra, Mexican minnow or Mexican tetra.
(3) Petromyzon marinus - sea lamprey.
(4) Genus Clarias - walking catfish.
(5) Genus Channa - snakeheads of Asia and Africa.
(6) Dreissena polymorpha - zebra mussel.
Section 4. Commissioner Approval. The commissioner may permit the importation of a banned aquatic species if the applicant demonstrates that the species shall be used for legitimate scientific or educational purposes. (KFWR-F-LF1-1; 1 Ky.R. 346; eff. 2-5-75; Am. 8 Ky.R. 1154; eff. 6-2-82; 12 Ky.R. 1356; eff. 3-4-86; 16 Ky.R. 377; eff. 11-4-89; 17 Ky.R. 1796; eff. 12-19-90; 29 Ky.R. 514; eff. 10-9-2002; 32 Ky.R. 2086; 33 Ky.R. 87; eff. 7-12-06.)