Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.180,
150.280,
150.290
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025(1)(c) authorizes the
Department of Fish and Wildlife to promulgate administrative regulations
governing the buying, selling, or transporting of wildlife.
KRS
150.720 requires the department to promulgate
administrative regulations concerning health requirements, eradication of
diseases, importation, unique individual identifiers, and the responsibity of a
person who imports a diseased animal into the Commonwealth, in violation of
statute or administrative regulation, for all costs incurred in the
investigation, response, and eradication of a disease. This administrative
regulation establishes procedures for the importation, possession, and
transportation of specified wildlife carcasses or carcass parts.
Section 1. Definitions.
(1) "Cervid" means deer, elk, moose, caribou,
reindeer, and related species and hybrids of these species, including all
members of the Cervidae family and hybrids of this family.
(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) "Import"
means to bring goods into the state of Kentucky from another state, except for
transportation of goods through Kentucky from outside the state.
(5) "Lagomorph" means wild rabbits, hares,
and pikas, and related species and hybrids of these species, including all wild
members of the Order Lagomorpha and hybrids of this order.
Section 2. Importation and Transportation of
Cervid Meat, Carcasses, and Parts.
(1) A
person importing a cervid carcass or carcass parts shall only possess the items
of a legally harvested cervid listed in paragraphs (a) through (g) of this
subsection:
(a) Deboned meat, excluding brain
matter;
(b) Antlers;
(c) Antlers that are attached to a skull cap
having no meat matter or tissue attached;
(d) A skull having no meat matter or tissue
attached;
(e) Upper canine teeth
having no meat matter or tissue attached;
(f) A finished taxidermy product;
or
(g) The hide.
(2) A person shall not transport a
cervid carcass or carcass parts through Kentucky from outside the state except
those parts permissible for import, unless the carcass or carcass parts that
are non-permissible for import are transported in a leak and spill-proof
container and the contents are not permitted to be deposited or disposed of
within the state.
(3)
Transportation of cervid carcasses or carcass parts out of a CWD Surveillance
Zone. All persons in possession of or transporting a cervid carcass or carcass
parts originating from a CWD Surveillance Zone shall only transport the
following carcass parts out of the CWD Surveillance Zone:
(a) Deboned meat, excluding brain
matter;
(b) Antlers;
(c) Antlers that are attached to a skull cap
having no meat matter or tissue attached;
(d) A skull having no meat matter or tissue
attached;
(e) Upper canine teeth
having no meat matter or tissue attached;
(f) A finished taxidermy product;
or
(g) The hide.
(4) An individual who engages in
the act of taxidermy or processing of cervid meat who accepts an imported
cervid carcass or carcass parts prohibited by subsection (1) or subsection (3)
of this section shall:
(a) Contact the law
enforcement division of the department within forty-eight (48) hours after
accepting the cervid carcass or carcass parts;
(b) Provide to the department the hunter's:
1. Name; and
2. Address; and
(c) Transfer all nonpermitted cervid carcass
and carcass parts to the department.
Section 3. Importation of Wild Lagomorph
Meat, Carcasses, and Parts.
(1) A person shall
only import a completely skinned and fully eviscerated carcass, quarters, or
deboned meat of a legally harvested wild Lagomorph.
(2) A person shall not transport wild
Lagomorph meat, carcasses, or carcass parts through Kentucky from outside the
state, except those parts permissible for import, unless the carcass or carcass
parts that are non-permissible for import are transported in a leak and
spill-proof container and the contents are not permitted to be deposited or
disposed of within the state.
STATUTORY AUTHORITY:
KRS
150.025(1)(c),
150.720(2)
