Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.015,
150.025,
150.061,
150.105,
150.275,
150.280
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025(1) authorizes the
department to promulgate administrative regulations to regulate any method of
taking wildlife and any other administrative regulation reasonably necessary to
implement or carry out the purposes of KRS Chapter 150. This administrative
regulation prohibits the administration of drugs to wildlife and creates the
necessary exceptions.
Section 1.
Definitions.
(1) "Captive wildlife":
(a) Means wildlife kept in confinement, for
any time period, by cage, enclosure, fence, or other structure or restraint
intended to prevent escape; and
(b)
Does not mean fish.
(2)
"Drug" means any chemical substance, other than food or mineral supplements,
that affects the health, structure, or normal biological functions of any
wildlife.
(3) "Noncaptive
wildlife":
(a) Means wildlife living
unrestrained in the wild and not kept in confinement, for any time period, by
cage, enclosure, fence, or other structure or restraint intended to prevent
escape; and
(b) Does not mean
fish.
Section
2. Commissioner Authorization for Administration of Drugs to
Noncaptive Wildlife.
(1) A person shall not
administer drugs to noncaptive wildlife without written authorization from the
commissioner pursuant to this section of this administrative
regulation.
(2) A party shall
petition the commissioner in writing for authorization to administer drugs to
noncaptive wildlife. Written petitions shall include:
(a) A biological or sociological
justification for the need to administer a drug to noncaptive
wildlife;
(b) A literature review
of the known and potential effects of the drug on individual animals, the
wildlife population, and potential consumers of wildlife; and
(c) A detailed plan and timeline for
administration of the drugs, including anesthetic monitoring plans and
withdrawal time data for species and potential human consumption
risk.
(3) The
commissioner may issue a waiver for the petition requirement for authorization
to administer drugs to noncaptive wildlife for specific situations involving:
(a) Public safety; or
(b) Wildlife disease outbreaks or biological
or chemical emergencies or events.
(4) This section shall not apply to state or
federal wildlife agencies' personnel in the performance of their official
duties.
Section 3.
Administration of Drugs to Captive Wildlife. This administrative regulation
shall allow the administration of drugs for:
(1) Legally possessed captive wildlife under
the direction of a licensed Kentucky veterinarian in which a
veterinarian-client-patient relationship is established pursuant to
KRS
321.185; or
(2) The treatment of sick or injured captive
wildlife by either:
(a) A licensed
veterinarian treating:
1. Non-commercial
captive cervids as identified in
301 KAR 2:083; or
2. Critically ill or injured wildlife
pursuant to
301 KAR 2:075; or
(b) A holder of a valid wildlife
rehabilitation permit in a wildlife rehabilitation facility under the direction
of a licensed Kentucky veterinarian in which a veterinarian-client-patient
relationship is established pursuant to
KRS
321.185 and
301 KAR 2:075;
(3) A holder of a valid commercial
nuisance wildlife control operatorpermit using dispatch methods established in
301 KAR 3:120; or
(4) Employees of federal or state government
in the performance of their official duties related to public health, wildlife
management, or wildlife removal.
Section 4. Disposition of Wildlife. An
officer of the department may take possession or dispose of any noncaptive
wildlife if the officer has probable cause to believe the noncaptive wildlife
have been administered drugs in violation of this administrative
regulation.
STATUTORY AUTHORITY:
KRS
150.025(1)(h),
150.061(4)
