Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.010,
150.025,
150.180,
150.990
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025(1) authorizes the
department to promulgate administrative regulations to establish the procedures
for transporting and conserving wildlife. This administrative regulation
establishes the procedures for acquiring, transporting and producing triploid
grass carp.
Section 1. Definitions.
(1) "Diploid grass carp" means a fish of the
genus and species Ctenopharynogodon idella that is reproductively fertile and
has not been genetically altered and therefore has the normal set of somatic
chromosomes as determined by blood sample.
(2) "Triploid grass carp" means a fish of the
genus and species Ctenopharynogodon idella that is reproductively sterile
because it has been genetically altered so as to have an additional or extra
set of somatic chromosomes as determined by blood sample.
Section 2. Acquisition of Triploid Grass Carp
(Ctenopharynogodon idella) by a Supplier. A person wishing to supply triploid
grass carp shall:
(1) Obtain a live fish and
bait dealers license as established in
301 KAR
1:120;
(2)
Obtain a fish transportation permit as established in
301 KAR
1:125 that lists triploid grass carp as the species to
be transported;
(3) If the triploid
grass carp will be propagated, obtain a fisheries commercial propagation permit
as established in
301 KAR
1:115; and
(4) Provide the Division of Fisheries with
written assurances on a monthly basis that each grass carp sold or delivered
for use in Kentucky waters has been tested and certified by the U.S. Fish and
Wildlife Service's Triploid Grass Carp Certification Program to be a triploid
fish. Failure to supply these written assurances shall be cause for license or
permit revocation.
Section
3. Propagation of Triploid Grass Carp.
(1) A person shall apply to the Division of
Fisheries for a Fisheries commercial propagation permit for propagating
triploid grass carp.
(2) A
fisheries commercial propagation permit for triploid grass carp shall not be
issued until the Division of Fisheries personnel have made an on-site
inspection of the applicant's propagation facility to determine that adequate
containment measures exist to preclude escape for all life stages of any
diploid grass carp into public waters.
(3) The Division of Fisheries shall determine
and specify the number of broodstock diploid (sterile) grass carp that may be
obtained from out-of-state sources.
(4) A person shall utilize the U.S. Fish and
Wildlife Service's Triploid Grass Carp Certification Program to certify all
grass carp sold or transported are triploids.
(5) Diploid grass carp resulting from the
production of triploids shall be destroyed on site by the propagator.
Section 4. Eradication of Diploid
Grass Carp.
(1) The Division of Fisheries may
take random samples of grass carp shipped into and within Kentucky and from
other stocks held by suppliers.
(2)
A triploid grass carp licensee or permittee shall have his or her license or
permit revoked if diploid grass carp are discovered.
(3) The licensee or permittee shall be
responsible for removing and destroying all grass carp from a shipment
containing diploid fish that were stocked in Kentucky waters, and shall
reimburse the pond owner the full purchase price of the fish, including
transportation costs.
STATUTORY AUTHORITY:
KRS
150.025