301 KAR 2:081. Transportation and holding of native wildlife.

COMMERCE CABINET

Department of Fish and Wildlife Resources

(As Amended at ARRS, June 10, 2008)

301 KAR 2:081. Transportation and holding of native wildlife.

RELATES TO: KRS 150.015, [~~150.180, 150.280,~~] 150.290, 150.305, 150.320, 150.330, 150.360, 150.370, 150.990

STATUTORY AUTHORITY: KRS 150.025, 150.180, 150.280

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to regulate the buying, selling, or transporting of game and the seasons and methods of taking[~~take~~]. KRS 150.180 authorizes the department to regulate the buying, selling, or transporting of protected wildlife. KRS 150.280 authorizes the department to promulgate administrative regulations to establish the procedures for the propagation and holding of protected wildlife. This administrative regulation is necessary to control the indiscriminate possession and commercialization of wildlife, [~~and~~] to ensure minimum welfare standards for lawfully possessed [~~insure that~~] wildlife [~~is humanely and properly cared for~~], to protect the public and native wildlife from wildlife-borne diseases, and to prevent the introduction of wildlife that might be detrimental to native fauna and flora.

Section 1. Definitions. (1) "Circus" means a traveling public entertainment show consisting of acrobats, clowns, and trained animals, but shall not include a show including wrestling bears or other direct contact between members of the public and inherently-dangerous animals.

(2) "Native wildlife" means wildlife which have historically existed or currently exist in the wild in Kentucky without introduction by man, not including naturalized introduced species such as starlings, house sparrows and Eurasian collared doves.

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

Section 3. (1) Except as specified in Section 2 of this administrative regulation and subsection (2) of this section, a person shall not import or possess:

(a) Alligator snapping turtle (Macrochelys temminckii);

(b) Black bear (Ursus americanus);

(d) Cougar or mountain lion (Felis concolor);

(e) Any federally threatened or endangered species;

(f) Wild turkey (Meleagris gallopavo[~~gallapovo~~]); or

(g) Wolf (Canis lupus).

(2) The commissioner may allow the importation or possession of the species listed in subsection (1) of this section by circuses or for legitimate scientific or educational purposes by:

(a) A zoo that is designated as the official zoo of a municipality.

(b) A government agency;

(d) A similar educational or research institution.

Section 4. Importation prohibited. (1) The following species shall not be imported into Kentucky unless specified in Section 2 of this administrative regulation or subsection (2) of this section:

(a) Coyotes (Canis latrans);

(b) Foxes (Vulpes spp; Alopex lagopus; Urocyon cinereoargenteus);

(d) Skunks (Mephitis spp.; Spilogale putorius; Conepatus leuconotus).

(2) The commissioner may allow the importation or possession of the species listed in subsection (1) of this section by circuses or for legitimate scientific or educational purposes by:

(a) A zoo that is:

designated as the official zoo of a municipality.

(b) A government agency;

(d) A similar educational or research institution.

Section 5. Taking and Possessing Native Wildlife. (1) A person shall not hold native wildlife in captivity that was not legally taken or possessed. A person shall not buy or sell, offer to buy or sell, trade, or barter native wildlife or parts thereof, obtained from the wild.

(2) Except as specified in Section 2 of this administrative regulation and subsections (7) and (8)[~~(6) and (7)~~] of this section, a person holding native wildlife in captivity shall apply for and obtain a permit prior to acquiring wildlife.

(3) A person permitted to rehabilitate native wildlife as specified in 301 KAR 2:075 shall not be issued a commercial or noncommercial captive wildlife permit.

(4) A[~~All~~] commercial and noncommercial captive wildlife permit holder[~~holders~~] shall maintain accurate records for captive bred and wild-captured wildlife for five (5) years. Records shall be available for inspection by a department representative [~~at a reasonable hour~~]. Records shall include:

(a) For each captive bred animal:

1. Common and scientific name;

2. A certificate of origin, bill of sale, receipted invoice or evidence of legal acquisition from out of state;

3. Date of birth;

4. Date of each transaction related to the sale, purchase, trade, barter or gifting; and

5. The complete name, address, phone number and captive wildlife permit number of the person to whom the animal was sold, traded, bartered or gifted or from whom the animal was purchased or otherwise received.

(b) For each wild-captured animal:

1. Common and scientific name;

2. Date and location of capture from the wild or date when received or given as a gift;

3. Trapping or hunting license number of the individual obtaining the animal except for reptiles and amphibians; and

4. The complete name, address, phone number and captive wildlife permit number of the person to whom the animal was gifted or from whom the animal was received as a gift.

(5) Commercial captive wildlife permit.

(a) A commercial captive wildlife permit shall be required for persons selling [~~wishing to sell~~], offering[~~offer~~] to sell, trading[~~trade~~], or bartering[~~barter~~] native wildlife. [~~A person shall not sell, offer to sell, trade, or barter native wildlife or parts thereof, obtained from the wild.~~]

(b) A commercial captive wildlife permit shall be renewable annually from the date of issue.

(6)[~~(c) The commercial captive wildlife permit fee shall be $100 a year.~~

~~(5)~~] Noncommercial captive wildlife permits.

(a) A noncommercial captive wildlife permit shall be[is] required for persons possessing [~~wishing to possess~~] native wildlife, but not selling, offering[~~do not intend to sell, offer~~] for sale, trading or bartering[~~trade or barter~~] animals.

(b) A noncommercial captive wildlife permit [~~fee~~] shall be [~~seventy-five (75) dollars and be~~] renewable three (3) years from the date of issue.

(7) Northern bobwhite[~~(6) Bobwhite quail~~].

(a) Fifty (50) or fewer Northern bobwhite[~~bobwhite quail~~] may be possessed for personal use without a permit, provided the birds are not propagated or sold.

(b) Proof of purchase shall be retained as permission to possess.

(8)[~~(7)~~] Amphibians and reptiles.

(a) Except as provided for in Section 2[~~(1)~~] of this administrative regulation and this subsection, captive wildlife permits are not required for persons taking or possessing up to five (5) individuals of each species of a native reptile or amphibian. Exception to taking or possessing five (5) individuals of each species:

1. No limit on snapping and smooth and spiny softshell turtles;

2. Fifteen (15) per night limit on bullfrogs; and

3. Possession limit of twenty-five (25) dusky salamanders (spring lizards) of the genus Desmognathus.

(b) There shall not be a limit on the number of individuals of each species possessed by a commercial or noncommercial captive wildlife permit holder, provided the permit holder does not possess more than five (5) wild-caught individuals of each species of amphibian or reptile.

(c) A captive wildlife permit shall not be required to hold reptiles with a color morphology that is distinctly different from the wild type of the same species of reptile.

(9)[~~(d) All commercial and noncommercial captive wildlife permit holders keeping native amphibians and reptiles shall retain:~~

~~1. A certificate of origin;~~

~~2. A bill of sale;~~

~~3. Receipted invoice; or~~

~~4. Other evidence of lawful acquisition of each individual of any taxa captively produced or legally obtained from out of state.~~

(e) Accurate records for animals, including wild-captured, shall be maintained for five (5) years by the permit holder and be available for inspection by a department representative at a reasonable hour. Records shall include:

~~1. Common and scientific names;~~

~~2. Number of reptiles or amphibians received or sold;~~

~~3. The birth dates of captive born animals;~~

~~4. The date, location and length of all wild-captured taxa; and~~

5. Date of all transactions including the complete name, address and phone number of the person from whom an animal was purchased, including the seller’s permit number, or to whom the animal was sold, traded, bartered, or given as a gift.

~~(8)~~] Transportation permits and certificate of veterinary inspection.

(a) Prior to entry into Kentucky, a transportation permit shall be obtained for all shipments of wildlife (native and exotic). A person shall be responsible for applying for a transportation permit if he or she:

1. Receives a shipment of wildlife;

2. Imports wildlife for his or her own use or possession; or

3. Transports wildlife into and through the state to a destination outside Kentucky.

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

(c) An individual transportation permit[~~Individual transportation permits~~] shall be valid for one (1) shipment of wildlife.

(d) An annual transportation permit[~~Annual transportation permits~~] shall be valid for multiple wildlife shipments for one (1) year from the date of issue. An annual transportation permit holder[~~holders~~] shall:

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

2. Notify the department by telephone Monday though Friday between 8 a.m. and 4:30 p.m. at least forty-eight (48) hours prior to each shipment of wildlife of the date of expected shipment, source of the shipment and the species and number being shipped.

(e) All shipments of wildlife, except for amphibians and reptiles, shall be accompanied by a certificate of veterinary inspection stating that the wildlife is free of symptoms of disease. A federal quarantine certificate may be substituted for the certificate of veterinarian inspection.[~~(f) Fees.~~

~~1. The individual transportation permit fee shall be twenty-five (25) dollars.~~

~~2. The annual transportation permit fee shall be $250.~~]

Section 6. Applying for Permits. (1) An application for a[~~Applications for~~] captive wildlife and transportation permit[~~permits~~] shall be made on standard forms.

(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 application[~~Applicants~~] shall construct holding facilities that meet or exceed the enclosure specifications established in Sections 6 and 7 of this administrative regulation for each listed species to be acquired before submitting the captive wildlife application.

(6) An applicant[~~Applicants~~] shall possess an approved permit before acquiring animals.

(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.

Section 7. Confining Facilities. (1) Cages, pens, or other enclosures for confining native wildlife shall be of sufficient structural strength to:

(a) Prevent the escape of the captive animals;

(b) Protect the caged animal from injury and predators; and

(2) Wing-clipped and pinioned birds may be kept in suitable unroofed enclosures even though wild birds of the same species may enter the enclosure.

(3) A person shall not maintain any native wildlife in captivity in an unsanitary or unsafe condition or in a manner that results in the maltreatment or neglect of that wildlife.

(4) Native wildlife shall not be confined in any cage or enclosure that does not meet the cage specifications in Section 8[6] of this administrative regulation.

(5) Cages and enclosures in which native wildlife is held in captivity shall be maintained as follows:

(a) Clean drinking water shall be provided daily in clean containers;

(b) Swimming or wading pools shall be cleaned as needed to ensure good water quality;

(d) Captive mammals and birds shall be fed daily;

(e) Food shall be of a type and quantity that meets the nutritional requirements for the particular species and shall be provided in an unspoiled and uncontaminated condition;

(f) Feeding containers shall be kept clean, and uneaten food removed within a reasonable time;

(g) A shelter shall be provided for security and protection from inclement weather;

(h) Shade or an overhead structure shall be provided in warm seasons;

(i) Fecal and food wastes shall be removed from cages daily and stored or disposed of in a manner that prevents noxious odors or insect pests;

(j) Cage and enclosures shall be ventilated to prevent noxious odors;

(k) Hard floors within cages or enclosures shall be cleaned a minimum of once weekly;

(l) Cages or enclosures with dirt floors shall be raked a minimum of once every three (3) days and the waste removed;

(m) Animals that are compatible with one (1) another may be held in the same enclosure if the required floor space is provided; and

(n) Common walls shall be constructed between animals that are not compatible so the animals cannot interact.

Section 8. Minimum Enclosure Sizes and Associated Requirements for Stationary Facilities. (1) Birds.

(a) Northern bobwhite[~~Bobwhite quail~~] older than fourteen (14) weeks shall be held in an enclosure with the following minimum specifications:

1. An enclosure for a single Northern bobwhite [~~quail enclosure~~] shall be a minimum of 100 square feet.

2. There shall be an increase in one (1) square foot per additional Northern bobwhite [~~quail~~].

3. Northern bobwhite [~~quail~~] may be held in smaller breeding pens during the breeding season.

(b) Ducks shall be held in an enclosure with the following minimum specifications:

1. There shall be no more than two (2) pairs or one (1) pair and their offspring confined to an area smaller than 100 square feet;

2. There shall be at least ten (10) square feet of water that is one (1) foot or greater in depth; and

3. There shall be at least twenty (20) square feet of additional land space and five (5) square feet of water surface for each additional adult duck.

1. There shall be no more than two (2) pair or one (1) pair and their offspring confined to an area smaller than 500 square feet;

2. There shall be a minimum of fifty (50) square feet of water that is two (2) feet or greater in depth; and

3. There shall be at least 100 square feet of land and twenty-five (25) square feet of water surface for each additional adult goose.

(d) Ruffed grouse shall be held in an enclosure with the following minimum specifications:

1. 200 square feet of floor space for five (5) or fewer birds with a height of at least six (6) feet; and

2. There shall be an additional twenty (20) square feet of floor space for each additional bird.

(2) Mammals.

(a) Bats shall be kept in an enclosure with the following minimum specifications:

1. Little browns, long-eared and pipistrelles shall be kept in an enclosure that is at least 6 ft. x 6 ft. x 6 ft.

2. Evening and red bats shall be kept in an enclosure that is at least 8 ft. x 12 ft. x 8 ft.

3. Big browns and hoary bats shall be kept in an enclosure that is at least 10 ft. x 20 ft. x 8 ft.

(b) Foxes, bobcats and raccoons shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 8 ft. x 8 ft. x 6 ft. width; and

2. There shall be thirty (30) square feet floor space for each additional animal.

1. A single animal enclosure shall be 8 ft. x 8 ft. x 6 ft. width; and

2. There shall be twenty-five (25) square feet floor space for each additional animal.

(d) Beaver and otter shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 8 ft. x 12 ft. x 6 ft. with a 4 ft. x 6 ft. pool that is three (3) feet deep at one (1) end;

2. There shall be an increase in horizontal cage size and pool size by eight (8) square feet for each additional animal.

3. Otters shall have a slide and a dry place for sleeping and retreat; and

4. Beavers shall be supplied with gnawing logs and a dry place for sleeping and retreat.

(e) Muskrat and mink shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 6 ft. x 4 ft. x 3 ft. with a 2 ft. x 4 ft. pool which is two (2) feet deep at one (1) end;

2. There shall be an increase in horizontal cage size by eight (8) square feet and a pool size of two (2) square feet; and

3. Muskrats shall have gnawing material.

(f) Gray squirrels and fox squirrels shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 4 ft. x 4 ft. x 8 ft.; and

2. There shall be an increase in floor space by two (2) square feet for each additional animal.

(g) Skunk, opossum, rabbit and woodchuck shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 6 ft. x 8 ft. x 8 ft.;

2. There shall be an increase in floor space by four (4) square feet for each additional animal; and

3. Woodchucks shall have several gnawing logs approximately six (6) inches in diameter.

(h) Weasel shall be held in an enclosure with the following minimum specifications:

1. A single animal enclosure shall be 3 ft. x 3 ft. x 3 ft.; and

2. There shall be an increase in floor space by three (3) square feet for each additional animal.

Section 9. Mobile Facilities. Mobile facilities used in transporting native wildlife shall comply with the following requirements:

(1) Facilities shall be equipped to provide fresh air without injurious drafts and adequate protection from the elements;

(2) The animal housing area shall be free of engine exhaust fumes;

(3) A cage[~~Cages~~] shall be large enough to ensure that each animal has sufficient room to stand erect and lay naturally;

(4) The structural strength of the enclosure shall be sufficient to contain the live animals and to withstand the normal rigors of transportation; and

(5) Wildlife transported in the same cage area shall be in compatible groups.

Section 10. Temporary Facilities. Native wildlife housed in temporary facilities or exhibits shall be housed in cages that meet the minimum cage specifications as provided in Section 7 of this administrative regulation when wildlife are present in any geographical location for more than ten (10) days.

Section 11. Inspections. (1) The holder of a captive wildlife permit shall allow a conservation officer to inspect the facilities at any reasonable time.

(2) The conservation officer shall immediately notify the permit holder and the commissioner if his inspection reveals that wildlife is being kept in unsanitary or inhumane conditions.

(3) The captive wildlife permit shall be revoked and all captive wildlife confiscated if the unsatisfactory conditions are not corrected within ten (10) days of the initial inspection.

(4) The captive wildlife permit shall be revoked and all captive wildlife confiscated if an application was not made in good faith or if the permit holder is convicted of any law violation concerning the species for which he holds the permit.

(5) Fees shall not be refunded for permits that are revoked.

Section 12. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "The Commercial and Noncommercial Captive Wildlife Permit Application, January 2006 edition";

(b) "The Annual Transportation Permit Application, January 2006 edition"; and

(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.

MARK S. CRAMER, Deputy Commissioner

For DR. JONATHAN GASSETT, Commissioner

MARCHETTA SPARROW, Secretary

APPROVED BY AGENCY: March 7, 2008

FILED WITH LRC: April 2, 2008 at 3 p.m.

CONTACT PERSON: Rose Mack, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frank, fort, Kentucky 40601, phone (502) 564-3400, fax (502) 564-9136.