301 KAR 4:070. Scientific and educational collecting permits.

      RELATES TO: KRS 150.010, 150.170, 150.180, 150.195,150.990

      STATUTORY AUTHORITY: KRS 150.025, 150.275, 150.183

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025, 150.183 and 150.275 authorizes the department to promulgate administrative regulations regarding the possession of wildlife for zoological, educational or scientific purposes and grants the commissioner the authority to issue a scientific or educational permit to a qualified person. This administrative regulation establishes the procedures for applying for a Scientific and Educational Collecting Permit from the department, procedures for collecting wildlife and procedures for reporting collected wildlife. EO 2008-516, effective June 16, 2008, reorganizes and renames the Commerce Cabinet as the Tourism, Arts and Heritage Cabinet.

      Section 1. Definitions. (1) "Agent" of the state" means a status that will be granted only to other Kentucky government agencies or those individuals conducting work on projects conducted on behalf of the department

      (2) "Educational wildlife collecting" means the taking and subsequent possession or release of protected wildlife by an individual or nonprofit organization for use in the bona fide instruction of students or for a university-related research project.

      (3) "Federally-protected species" means any wildlife species listed by the United States Fish and Wildlife Service as threatened or endangered, and any birds protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act.

      (4) "Protected wildlife" is defined by KRS 150.010.

      (5) "Scientific wildlife collecting" means the taking and subsequent possession or release of protected wildlife specimens for the purposes of conducting scientific investigations or evaluations for which remuneration is received.

      (6) "Watershed" means an 8-digit Hydrologic Unit Code (HUC) as defined by the United States Geological Survey.

      Section 2. Permit Required. (1) A permit shall be required by all persons, except an employee of the department engaged in his or her official duties, involved in scientific or educational collecting of any protected wildlife in the state of Kentucky.

      (2) Federally-protected wildlife shall not be collected unless the collector holds a Scientific or Educational Collecting Permit from the department and a valid federal permit or a letter designating him or her as an agent of the state.

      (3) A Scientific or Educational Collecting Permit shall not be used in lieu of a hunting, fishing, or trapping license.

      Section 3. Federally-protected species. (1) An application for a Scientific or Educational Collecting Permit for all federally-protected species and fishes within a watershed known to harbor federally threatened or endangered fish species shall be accompanied by a project proposal stating the specific goals and locations of the collecting activities.

      (2) A person who applies for a Scientific or Educational Collecting Permit for bats, mussels, copperbelly watersnakes or federally protected species shall submit a written affidavit stating he or she possesses the ability to identify federally protected species in the field.

      (3) A person who applies for a Scientific or Educational Collecting Permit for fishes who wishes to collect in a watershed known to harbor federally threatened or endangered fish species, or is specifically sampling for those species, shall submit a written affidavit stating he or she possesses the ability to identify federally- protected fish species in the field.

      (4) Federally-threatened or endangered species shall not be killed intentionally. Federally threatened or endangered species inadvertently killed shall be reported to the Kentucky Department of Fish and Wildlife Resources Wildlife Diversity Program at 1-800-858-1549 within twenty-four (24) hours of death and all specimens submitted to the department within seven (7) days of taking.

      (5) A department-approved, qualified person as listed on the Scientific or Educational Collection Permit shall be present at all collection activities involving:

      (a) Bats;

      (b) Mussels;

      (c) Fishes within watersheds known to harbor federally protected fishes; or

      (d) Federally-protected species.

      (6) For collection activities involving federally threatened or endangered species, the Scientific or Educational Collecting Permit holder shall:

      (a) Hold a valid federal permit or a letter designating him or her as an agent of the state; and

      (b) Notify the Wildlife Diversity Program Coordinator weekdays between 8 a.m. and 4:30 p.m. at (800) 858-1549 at least fifteen (15) days in advance of collection activities.

      Section 4. Issuance of Permits, Possession Requirements, and Revocation. (1) Issuance of permits. A permit may be issued upon receipt of:

      (a) A completed application;

      (b) A Scientific and Educational Collecting Permit Qualifications Form for each person listed on the application;

      (c) Supporting materials as required in Section 3 of this administrative regulation; and

      (d) Remittance of the correct fee as listed in 301 KAR 3:022.

      (2) A permit is valid from January 1 through December 31 of the same year.

      (3) Possession requirements. At least one (1) person in a field party shall carry a valid Scientific or Educational Collecting Permit or photocopy of the same. Each person collecting protected wildlife shall be listed on the Scientific or Educational Collecting Permit.

      (4) Suspension. A scientific or educational collecting permit may be suspended while infractions are investigated or pending results of court proceedings or litigation.

      (5) Revocation.

      (a) Scientific or Educational Collecting Permits shall be revoked without refund if the permittee is found in violation of or convicted of violating any federal or state law or regulation involving the collection of protected wildlife as listed in this administrative regulation.

      (b) A Scientific or educational collecting permit shall be revoked without refund if the permittee falsifies any application document.

      (c) A person whose permit has been revoked shall be ineligible to apply for another Scientific or Educational Collecting Permit or be an assistant on another Scientific or Educational Collecting Permit for a period of one (1) year.

      (d) An individual whose permit has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

      Section 5. Reporting Requirements. (1) Invertebrates. The following list of invertebrates shall be reported per the specifications outlined in subsection (2) of this section.

      a. Mussels (Class Bivalvia);

      b. Crayfish (Order Decopoda); and

      c. Federally threatened or endangered invertebrates.

      (2) Scientific Collecting Permit.

      (a) Data shall be submitted annually and prior to renewal of new permits.

      (b) Data shall be in a format specified by the department.

      (c) Required data shall include:

      1. Scientific name (Genus and species) of each species recorded/collected;

      2. Site location including:

      a. County; and

      b. 7.5-minute USGS topographic quadrangle name;

      3. Longitude and latitude in degrees/minutes/seconds format North American Datum 1983 of each species occurrence/collection;

      4. Date of occurrence/collection;

      5. Number of individuals recorded/collected for each species;

      6. Observers for each record; and

      7. Disposition of the specimen.

      (3) Educational Collecting Permit.

      (a) University-related research projects. Data shall be submitted per the specifications outlined in subsection (1) of this section.

      (b) With the exception outlined in subsection (2) of this section, no data reporting requirements shall exist for Educational Collecting Permit holders.

      Section 6. Disposition of Collected Wildlife. All captured protected wildlife not killed shall be released at the capture location.

      Section 7. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Scientific and Educational Collecting Permit Application, edition 2008";

      (b) "Scientific and Educational Collecting Permit Qualifications Form, edition 2003"; and

      (c) "Map of 8-digit USGS HUC of Kentucky, edition August 2003".

      (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, 8:30 a.m. to 4:30 p.m. (15 Ky.R. 895; Am. 1278; eff. 11-23-88; 31 Ky.R. 844; 1079; eff. 1-4-2005; 35 Ky.R. 352; 796; eff. 10-8-08.)