301 KAR 2:095. Importation of cervid carcasses and parts.

      RELATES TO: KRS 150.180, 150.280, 150.290

      STATUTORY AUTHORITY: KRS 150.02, 150.720

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025 authorizes the department to promulgate administrative regulations to carry out the purposes of KRS Chapter 150, including the management and conservation of wildlife. KRS 150.720 authorizes the department to promulgate administrative regulations pertaining to health requirements and eradication and prevention of wildlife diseases. This administrative regulation establishes procedures for the importation and possession of whole cervid carcasses or carcass parts from states that have known cases of Chronic Wasting Disease.

      Section 1. Definitions. (1) "Cervid" means a member of the family Cervidae.

      (2) "Chronic wasting disease (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) "Infected state" means a state that has a known case of chronic wasting disease.

      (5) "Importation" means the transportation of a cervid carcass or carcass part into the Commonwealth.

      (6) "Whole" means the entire carcass whether eviscerated or not, prior to the carcass being processed.

      Section 2. Prohibition on the Importation and Possession of a Whole Cervid Carcass or Carcass Part from an Infected State. (1) It shall be unlawful for a person to import or possess a whole cervid carcass or carcass part from an infected state unless he has converted the carcass or part as specified in subsection (2) or (3) of this section.

      (2) A person may import a cervid carcass or a carcass part from an infected state if:

      (a) Quarters or other portions of meat have no part of the spinal column or head attached; or

      (b) Meat has been boned out.

      (3) A person may possess the following inedible parts of a 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. (29 Ky.R. 3001; eff. 8-13-03.)