††††† 301 KAR 2:095. Importation of cervid carcasses and parts.
††††† RELATES TO: KRS 150.180, 150.280, 150.290
††††† STATUTORY AUTHORITY: KRS 150.025(1)(c), 150.720(2)
††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(c) authorizes the department to promulgate administrative regulations governing the buying, selling, or transporting of wildlife. KRS 150.720(2) authorizes the department and the Department of Agriculture to hold a person responsible for all costs incurred in the investigation, response, and eradication of a disease if the person imports a diseased animal into the Commonwealth. This administrative regulation establishes procedures for the importation and possession of whole cervid carcasses or carcass parts from states or Canadian provinces that have known cases of chronic wasting disease.
††††† Section 1. Definitions. (1) "Cervid" means a member of the family Cervidae.
††††† (2) "Chronic wasting disease" or "CWD" means a fatal disease affecting the brain of cervids which belongs to a group of diseases called transmissible spongiform encephalopathies.
††††† (3) "Clean" means having no meat matter or tissue attached to the carcass part.
††††† (4) "Importation" means the transportation of a cervid carcass or carcass part into the Commonwealth.
††††† (5) "Infected area" means a state or Canadian province that has a known case of chronic wasting disease.
††††† (6) "Whole" means the entire carcass whether eviscerated or not, prior to the carcass being processed.
††††† Section 2. Importation and Possession. (1) A person shall not import or possess a whole cervid carcass or carcass part from an infected area without first converting the carcass or part, pursuant to subsection (2) and (3) of this section.
††††† (2) A person may import a cervid carcass or a carcass part from an infected area if the carcass or carcass part does not have any part of the spinal column or head attached;
††††† (3) A person may possess the following inedible parts of a legally taken cervid carcass from an infected area:
††††† (a) Antlers;
††††† (b) Antlers that are attached to a clean skull plate;
††††† (c) A clean skull;
††††† (d) Clean upper canine teeth;
††††† (e) A finished taxidermy product; or
††††† (f) The hide.
††††† (4) A licensed taxidermist or deer processor may accept a cervid head with an intact skull, spinal column, or spinal column part originating from an infected area if the taxidermist or deer processor:
††††† (a) Contacts the department within forty-eight (48) hours after receiving the cervid head, spinal column, or spinal column part;
††††† (b) Provides to the department the hunterís:
††††† 1. Name; and
††††† 2. Address; and
††††† (c) Transfers all spinal column parts and the skull with the intact brain to the department once the skull plate has been removed. (29 Ky.R. 3001; eff. 8-13-2003; 37 Ky.R. 2682; eff. 8-4-2011; 42 Ky.R. 2819; eff. 7-19-2016.)