Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.010,
150.015,
150.021,
150.170,
150.183,
150.195,
150.330,
150.990,
321.185,
50 C.F.R
17,
21,
22
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025(1)(h) authorizes the
Department of Fish and Wildlife Resources to promulgate administrative
regulations reasonably necessary to implement or carry out the purposes of KRS
Chapter 150. KRS
150.280 requires the department to promulgate
administrative regulations regarding the holding of protected wildlife. This
administrative regulation establishes the permitting and operating requirements
for wildlife rehabilitators.
Section
1. Definitions.
(1) "Cervid"
means deer, elk, moose, caribou, reindeer, and related species and hybrids
thereof, including all members of the Cervidae family and hybrids
thereof.
(2) "Chronic Wasting
Disease" or "CWD" means a transmissible spongiform encephalopathy found in
cervids.
(3) "CWD Surveillance
Zone" means an area designated as being subject to special cervid regulations
due to a CWD positive cervid detection.
(4) "Enhanced Rabies Surveillance Zone" means
Bell, Boyd, Bracken, Carter, Clay, Elliot, Fleming, Floyd, Greenup, Harlan,
Johnson, Knott, Knox, Laurel, Lawrence, Leslie, Letcher, Lewis, Martin, Mason,
McCreary, Pike, Perry, Robertson, and Whitley counties.
(5) "Federally-protected wildlife" means any
wildlife species listed by the U.S. Fish and Wildlife Service as threatened or
endangered, and any birds protected under the Migratory Bird Treaty Act or the
Bald and Golden Eagle Protection Act.
(6) "Permit holder" means a wildlife
rehabilitation permit holder.
(7)
"Rabies vector species" means a:
(a) Coyote
(Canis latrans);
(b) Gray fox
(Urocyon cinereoargenteus);
(c)
Raccoon (Procyon lotor);
(d) Red
fox (Vulpes vulpes);
(e) Spotted
skunk (Spilogale putorius); or
(f)
Striped skunk (Mephitis mephitis);
(g) Any hybrid of (a) through (f).
(8) "Wildlife rehabilitation"
means the process of obtaining, rescuing, raising, providing supportive care,
regularly transporting, and arranging for veterinary medical care of orphaned,
sick, displaced, or injured wildlife with the goal of releasing the wildlife
back into its natural habitat.
Section 2. Permitting Requirements.
(1) A permit authorizes a person to
rehabilitate wildlife according to Section 1(8) of this administrative
regulation.
(2) An applicant for a
wildlife rehabilitation permit shall:
(a) Be
at least eighteen (18) years of age;
(b) Submit a completed wildlife
rehabilitation permit application;
(c) Provide the department with a valid email
address;
(d) Submit:
1. Certificate of completion of the course
entitled "Basic Wildlife Rehabilitation" offered by the International Wildlife
Rehabilitation Council; or
2. Proof
of a doctorate of veterinary medicine degree from an American Veterinary
Medical Association (AVMA) accredited school.
(e) Submit the annual permit fee as
established in
301 KAR 3:022.
Section 3. Reporting
Requirements.
(1) A permit holder shall:
(a) Keep records of all wildlife received or
rehabilitated on the Wildlife Rehabilitation Annual Report.
(b) Submit a Wildlife Rehabilitation Annual
Report to the department within thirty (30) days after expiration of a permit
and before a permit is renewed.
(c)
Submit a Wildlife Rehabilitation Non-Releasable Wildlife Report, if applicable,
to the Department within thirty (30) days after expiration of a permit and
before a permit is renewed.
(2) The annual activity report shall contain
the information regarding the activity for the period from December 1 of the
previous year to November 30 of the current year.
(3) The department shall not renew the permit
of a wildlife rehabilitator who does not:
(a)
Submit the annual activity report as required by this section;
(b) Provide the information required by the
annual activity report form; or
(c)
Submit the Non-Releasable Wildlife Report, if applicable;
(d) Provide report documents and all records
of wildlife rehabilitation activity, including veterinary medical records, from
the current and previous years' activity upon request to department
staff.
Section
4. Receiving and Rehabilitating Wildlife.
(1) A permit holder shall not rehabilitate or
attempt to rehabilitate:
(a) Cougar (Felis
concolor);
(b) Wolf (Canis lupus or
Canis rufus);
(c) Elk (Cervus
elaphus);
(d) Bear (Ursus
americanus);
(e) Any species of
terrestrial wildlife not native to Kentucky; or
(f) Prohibited species listed in
301 KAR 2:082 Section
4.
(2) A permit holder
shall not:
(a) Propagate non-releasable
wildlife or wildlife undergoing rehabilitation.
(b) Allow non-permitted persons to
rehabilitate, assist in wildlife rehabilitation, access, or have direct contact
with wildlife undergoing rehabilitation, except for Section 10(1).
(c) Allow non-permitted persons to
rehabilitate, assist in wildlife rehabilitation, access, or have direct contact
with rabies vector species.
(d)
Remove wildlife undergoing rehabilitation from the permitted facility except
for release, veterinary care, or transfer to another permitted wildlife
rehabilitation facility.
(e)
Habituate wildlife to humans.
(f)
Exhibit or display wildlife undergoing rehabilitation
(g) Transport wildlife across state lines for
rehabilitation, release, or for any purpose, unless authorized by the
commissioner upon the department's determination that rehabilitation services
are not feasibly available within Kentucky and such activities pose minimal
disease risk. Authorization shall not be granted for rabies vector
species.
(h) Simultaneously hold
captive wildlife under a captive wildlife permit, as established in
301 KAR 2:081, while holding
wildlife under a wildlife rehabilitation permit.
(i) Simultaneously hold captive cervids under
a captive cervid permit as established in
301 KAR 2:083, while holding
wildlife under a wildlife rehabilitation permit.
(3) A permit holder shall only provide
necessary supportive care to wildlife undergoing rehabilitation, which does not
permanently diminish their ability to survive and reproduce naturally in the
wild.
(4) Cervids
(a) Except as allowed in subsection (4)(c)
and (d) of this section, a permit holder shall not rehabilitate or attempt to
rehabilitate any cervid:
1. Within a CWD
Surveillance Zone;
2. Originating
from a CWD Surveillance Zone; or
3.
From a distance greater than 100 miles from the rehabilitation
facility.
(b) A permit
holder shall not transport a cervid into or out of a CWD Surveillance
Zone.
(c) A permit holder shall not
keep cervids as non-releasable wildlife within a CWD Surveillance Zone, except
that non-releasable cervids legally obtained before the establishment of a CWD
Surveillance Zone may be kept for the life of the animal.
(d) A permit holder in possession of a cervid
prior to the establishment of a CWD Surveillance Zone shall only keep the
cervid up to 180 days or upon recovery from injury or illness and of suitable
age to survive in the wild, whichever comes first, and shall release the cervid
within the county of rehabilitation, unless the animal is euthanized or meets
the criteria to be kept as non-releasable wildlife.
(e) A wild-born cervid held in captivity for
rehabilitation purposes shall not be housed in:
1. The same pen as another captive cervid or
housed in direct physical contact with a cervid that originated in captivity;
or
2. A pen that has previously
housed cervids that originated in captivity.
(5) Rabies vector species.
(a) A permit holder shall not possess,
rehabilitate, or attempt to rehabilitate:
1. A
rabies vector species originating from the Enhanced Rabies Surveillance
Zone;
2. A rabies vector species
inside the Enhanced Rabies Surveillance Zone that originated from outside the
Enhanced Rabies Surveillance Zone; or
3. A rabies vector species if collected at a
distance greater than 100 miles from the rehabilitation facility.
(b) A permit holder shall not
transport a rabies vector species into or out of the Enhanced Rabies
Surveillance Zone.
(c) A permit
holder shall not possess a rabies vector species as non-releasable wildlife,
except for those animals legally held outside the Enhanced Rabies Surveillance
Zone prior to April 4, 2023.
(d)
Except for Section 5(1)(e), rabies vector species shall be maintained within an
enclosure sufficient to prevent:
1. Escape;
and
2. Direct contact with
non-permitted persons.
Section 5. Wildlife Release. A permit holder
shall:
(1) Release wildlife immediately upon
recovery from injury or illness and when of a suitable age to reasonably
survive in the wild;
(2) Only keep
wildlife in a rehabilitation facility for a maximum of 180 days, unless written
documentation from the U.S. Fish and Wildlife Service is provided;
(3) Only release wildlife into appropriate
habitat for that species;
(4)
Obtain landowner permission before releasing wildlife;
(5) Release rabies vector species back into
the original county of capture;
(6)
Release reptiles and amphibians at the original point of capture or within the
vicinity if point of capture is not suitable habitat; and
(7) Release cervids in the county in which
they were rehabilitated.
Section
6. Non-releasable Wildlife.
(1)
Wildlife may be considered non-releasable and may be retained by a permit
holder if a licensed Kentucky veterinarian certifies in writing that it meets
one (1) of the following criteria, except as prohibited under Section 4.
(a) Is a mammal with an amputated
leg;
(b) Lacks adequate vision to
function in the wild;
(c) Lacks
locomotive skills necessary for survival in the wild; or
(d) Has another permanent injury that is
reasonably expected to inhibit survival in the wild, not including habituation
to humans.
(2) Rabies
vector species that meet the criteria for non-releasable wildlife and legally
held prior to April 4, 2023 may be allowed to remain in possession of a valid
permit holder through the life of the animal by submitting a "Wildlife
Rehabilitation Non-Releasable Wildlife Report" form by April 4, 2023.
(3) Rabies vector species legally held as
non-releasable, shall not leave the wildlife rehabilitation facility except for
veterinary care or transfer to another permitted rehabilitation facility and
shall be included on the Wildlife Rehabilitation Annual Report.
(4) A person who legally possesses
non-releasable rabies vector species shall not replace that wildlife after its
death.
(5) Except for Section
5(1)(e), non-releasable rabies vector species shall be maintained within an
enclosure sufficient to prevent:
(a) Escape;
and
(b) Direct contact with
non-permitted persons.
(6) Only non-releasable wildlife may be
displayed, except that non-releasable rabies vector species shall not be
displayed. Such displays shall only be for conservation education
purposes.
(7) Non-releasable
migratory birds may be transferred with prior approval from the issuing federal
Migratory Bird Permit Office by providing the Department with a completed
Migratory Bird and Eagle Acquisition and Transfer Request Form.
(8) All non-releasable wildlife shall be
housed and maintained at a permitted wildlife rehabilitation
facility.
Section 7.
Facilities and Operating Standards.
(1) All
wildlife rehabilitation facilities shall pass a facility inspection.
(2) An applicant's or permit holder's
facility and property which the facility is located shall be inspected by a
conservation officer using a Wildlife Rehabilitation Facility Inspection
Checklist to document compliance with this administrative regulation before a
permit is obtained or renewed.
(3)
A permit holder shall allow any conservation officer, and all department staff
accompanying a conservation officer, to access the wildlife rehabilitation
facility and the property on which the wildlife rehabilitation facility is
located at any reasonable time and frequency to carry out the purposes of this
administrative regulation.
(4) A
facility, and all methods of confinement, shall comply with the Minimum
Standards for Wildlife Rehabilitation, as adopted by the National Wildlife
Rehabilitation Association and the International Wildlife Rehabilitation
Council.
(5) A permit holder shall
only rehabilitate wildlife at a facility that has passed an annual facility
inspection and shall list the addresses of all facilities on the Wildlife
Rehabilitation Permit Application.
(6) A permit holder shall allow a
conservation officer to inspect the holding facilities and property which the
facilities are located, at any reasonable time and frequency.
(7) The conservation officer shall
immediately notify the applicant or permit holder and the wildlife division
director if the inspection reveals that the facility is not in compliance with
this administrative regulation and shall provide a completed facility
inspection checklist to the appropriate Wildlife Division personnel within
three (3) business days.
(8) If an
inspection determines that a facility is not in compliance with a statute or
administrative regulation, the conservation officer shall make a second
inspection after ten (10) calendar days, and the permit application shall be
denied, or permit revoked and all wildlife confiscated immediately if the
unsatisfactory conditions have not been corrected.
(9) If an applicant or permit holder refuses
to allow a conservation officer to fully conduct an inspection, the permit
application shall be denied, or permit revoked and all wildlife confiscated
immediately.
Section 8.
Rabies Exposure.
(1) If a mammal bites a
person, or a mammal shows symptoms of a rabies infection, the animal shall be
dispatched in a manner so as to preserve the brain intact and the animal's head
shall be submitted for testing immediately to a laboratory approved by the
Secretary for Health and Family Services to be tested for rabies, as
established in
902 KAR 2:070 Section 5 and
KRS
258.085 Section 1(c).
(2) Department staff shall confiscate and
dispatch any wild mammal that bites a person or shows symptoms of a rabies
infection.
Section 9.
Veterinarians.
(1) A veterinarian is not
required to obtain a wildlife rehabilitation permit to temporarily possess,
stabilize, or euthanize sick and injured wildlife, only for the purpose of
providing immediate critical care.
(2) A veterinarian that does not possess a
valid wildlife rehabilitation permit shall transfer wildlife to a permitted
wildlife rehabilitator according to the requirements of this regulation, within
24 hours after the animal's condition is stabilized and no longer requires
critical care, unless wildlife is euthanized.
(3) A veterinarian that rehabilitates
wildlife shall possess a valid wildlife rehabilitation permit.
(4) A permit holder shall follow
veterinarian's medical instructions per
KRS
321.185.
(5) A veterinarian shall keep medical records
of all wildlife treated, in accordance with KRS Chapter 321 and 201 KAR Chapter
16 and provide records to Department staff upon request.
(6) Only a licensed veterinarian or licensed
veterinarian technician shall perform euthanasia using AVMA approved
non-inhaled chemical methods under KRS Chapter 321.
Section 10. Wildlife Possession.
(1) Any person who finds sick, injured,
displaced, or orphaned wildlife may, without a permit, except for federally
protected migratory birds within a nest per
50 C.F.R.
21.12(d) (10), take
possession of the animal in order to immediately transport it to a permitted
wildlife rehabilitator except that persons who regularly transport wildlife for
rehabilitation purposes shall possess a valid wildlife rehabilitation
permit.
(2) A wildlife
rehabilitation permit does not confer ownership of any wildlife species held
under a wildlife rehabilitation permit, including non-releasable
wildlife.
(3) All wildlife held
under this permit remain under the stewardship of the Department of Fish and
Wildlife Resources, except that federally-protected wildlife remain under the
stewardship of both the Department of Fish and Wildlife and the U.S. Fish and
Wildlife Service.
(4) Wildlife
shall be surrendered to the department, for processing and disposition pursuant
to regulation, upon being presented with a written order by the
commissioner.
Section
11. Federally-Protected Species. A person rehabilitating federally
protected species shall possess valid state and federal wildlife rehabilitation
permits, except that a person may be authorized as a sub-permittee on a federal
migratory bird rehabilitation permit, under a federal permit holder, per
50 C.F.R.
21.31.
(1)
Sub-permitted persons conducting wildlife rehabilitation activities shall
possess a valid state wildlife rehabilitation permit.
(2) A permit holder shall immediately notify
the department in writing or by email to fwpermits@ky.gov, of any federally
threatened or endangered wildlife species, delivered, received, recovered, or
retained for rehabilitation.
(3) A
general or master class falconry permit holder may condition raptors for
subsequent release into the wild for a permitted wildlife rehabilitator, as
established in
301 KAR 2:195, only for the
species the falconry permit holder is allowed to possess.
(4) Falconers that rehabilitate wildlife,
except for conditioning raptors per this section, shall possess a valid
wildlife rehabilitation permit.
Section 12. Revocation and Denial of Permits
and Appeal Procedure.
(1) Denial and
revocation.
(a) The department shall revoke
the permit, deny the issuance of a new permit, or deny a renewal of an existing
or lapsed permit, and confiscate wildlife of a person who is convicted of a
violation of any provisions of:
1. KRS Chapter
150;
2. 301 KAR Chapters 1 through
5; or
3. Any federal statute or
regulation related to hunting, fishing, or wildlife.
(b) The department shall revoke the permit,
deny the issuance of a new permit, or deny a renewal of an existing or lapsed
permit, and confiscate wildlife from a person who:
1. Provides false information on a wildlife
rehabilitation permit application, federal permit, annual report,
Non-Releasable Wildlife Report, facility inspection, or records.
2. Acquires wildlife prior to receiving an
approved wildlife rehabilitation permit,
3. Fails a facility inspection, as
established in Section 7; or
4.
Fails to comply with any provision of this regulation,
301 KAR 3:120,
301 KAR 2:081,
301 KAR 2:082,
301 KAR 2:083,
301 KAR 2:195, or
301 KAR 2:251.
5. Allows non-permitted persons to
rehabilitate, assist in wildlife rehabilitation, access, or have direct contact
with wildlife undergoing rehabilitation or non-releasable rabies vector
species.
6. Fails to contain
wildlife in enclosures that meet Minimum Standards for Wildlife Rehabilitation
except during treatment, release, or transfer per Section 6 of this
administrative regulation;
7. Keeps
wildlife over 180 days;
8. Accepts
rabies vector species within the enhanced Rabies Surveillance Zone.
9. Accepts rabies vector species that
originated from the Enhanced Rabies Surveillance Zone.
10. Transports rabies vector species into or
out of the Enhanced Rabies Surveillance Zone
11. Fails to possess a valid federal permit
or be listed as a sub-permittee on a federal permit to rehabilitate federally
protected wildlife.
12. Accepts
cervids within a CWD Surveillance Zone.
13. Accepts cervids that originated within a
CWD Surveillance Zone.
14.
Transports cervids into or out of a CWD Surveillance Zone.
(c) A fee shall not be refunded for a permit
that is revoked.
(2)
Confiscated wildlife.
(a) All wildlife shall
be confiscated if a wildlife rehabilitation permit is revoked or denied, a
person possesses native wildlife for the purpose of wildlife rehabilitation
without a valid wildlife rehabilitation permit, or a facility fails a facility
inspection per Section 7 of this administrative regulation.
(b) Confiscated wildlife shall be released,
transferred with the approval of the Wildlife Division Director, or dispatched,
except that rabies vector species shall be dispatched immediately.
(c) Wildlife shall not be returned to the
permit holder or facility from which they were confiscated.
(3) Denial period.
(a) An applicant whose permit has been
revoked or denied for the grounds established in this section shall be
ineligible to reapply, and all applications denied for the period established
below:
1. The initial denial period shall be
one (1) year;
2. A second denial
period shall be three (3) years;
3.
A third or subsequent denial period shall be five (5) years;
(b) During the denial period, a
person whose wildlife rehabilitation permit has been denied or revoked shall
not rehabilitate wildlife or assist in the rehabilitation of
wildlife.
(4)
Administrative hearings.
(a) An individual
whose permit has been denied or revoked may request an administrative hearing
pursuant to KRS Chapter 13B.
(b) A
request for a hearing shall be in writing and postmarked or delivered in person
to the department no later than thirty (30) days after notification of the
denial or the revocation.
(c) Upon
receipt of the request for a hearing, the department shall proceed according to
the provisions of KRS Chapter 13B.
(d) The hearing officer's recommended order
shall be considered by the commissioner and the commissioner shall issue a
final order, pursuant to KRS Chapter 13B.
Section 13. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) The National Wildlife
Rehabilitator's Association and the International Wildlife Rehabilitation
Council publication "Minimum Standards for Wildlife Rehabilitation", third
edition, 2000;
(b) Kentucky
Department of Fish and Wildlife Resources "Wildlife Rehabilitation Annual
Report", 2022 edition,
https://fw.ky.gov/Wildlife/Documents/rehabannreport.pdf;
and
(c) "Wildlife Rehabilitation
Permit Application", 2022 edition.
https://fw.ky.gov/Wildlife/Documents/rehabapp.pdf.
(d) "Wildlife Rehabilitation Non-Releasable
Wildlife Report".
https://fw.ky.gov/Documents/NON_RELEASABLE_WILDLIFE_REPORT.pdf
(e) "Wildlife Rehabilitation Facility
Inspection Checklist"
https://fw.ky.gov/Wildlife/Documents/RehabLEInspectionChecklist.pdf
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. until 4:30 p.m.
STATUTORY AUTHORITY:
KRS
150.025(1)(h),
150.280