Reptile & Amphibian Forums

This regulation was passed on June 30th by emergency order. There has been no public comment period as of yet, but it is still enforceable. This regulation is entitled Transportation and holding of native wildlife. Under necessity it is stated, "that it is needed to control the indiscriminate possession of wildlife and to insure it is humanely and properly cared for; to protect the public welfare and native wildlife from wildlife-borne diseases; and to prevent the introduction of native wildlife that might be detrimental to native fauna and flora" This regulation includes herps.

Here is a brief synapses.
1. All regulation is to the specific level. i.e all kingsnakes, milksnakes, ratsnakes, etc. that share a species level. In the regulation this is stated as "native wildlife". After repeatedly asking to what level, I was informed it would be to the species level. You will need a permit to sell California kingsnakes or possess more than 5 of any species found in KY, even if the subspecies is not.
2. Commercial permit $100
3. Non-commercial permit $75/3year allows up to 5 of each species
4. $25 individual shipment or $250 annual for unlimited shipments of wildlife entering the state. To receive a transportation permit you must provide a letter from your municipality saying there are no restrictions against having the animal.
5. All animals to be vet-checked disease free (attached to permit)
6. No grandfather clause. You need a permit for any animals you already have, no matter the source, if native "species"
7. Three "exempt" color phases where a permit is not needed. Albinistic, leucistic, xanthic. Nothing about other color morphs or patterns.
8. Must have records of all animals you have such as receipt, bill of sale, common and scientific name, birth dates, date of transactions with details of who what when where, including sellers permit number.
9. All info available to CO for inspection at any "reasonable" time.

There you have it. If any of you in other states have had similar laws or parts of laws applies and repealed for some reason, I would love to hear the details. bpendley@copper.net Here is the link to the law.
KY herp reg. 301 KAR 2:081E

3. You may keep up to 5 of each native species without a permit. Anything over the limit of 5 of any species native to KY, you would need the $75/3yr permit. Too much typing tonight, sorry for the mistake.

Guess they snuck that one in on you. At least the Commie b*stards will still let you keep Albinos, Leucistics, & Xanthics (?). And for those of you who are not from the Midwest BEWARE - they are coming to your state next!! Hitler has risen from the dead & he is in office!! This is a FEDERAL FISH & GAME issue. Ten years of high-tech investigation!! They asked me what the difference was between a N. & S. Copperhead!! Couldn't distinguish between the two since their picture book didn't include Southerns. They thought my Albino Raccoon was a dog!!? I'd like to laugh but I have since lost my sense of humor (along w/ my rights)

They are idiots!!! An albino raccoon looking like a dog? HAHAHAHA Funny thing is that I could pass a leucistic skunk as a "Norwegian Snow Kitty" and they would eat up every word of it. These people need to stop trying to pass laws they cannot enforce because of poor identification skills, under funding, etc.
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Justyn
Intense Herpetoculture

I live in KY and this applies to me. Do you need a vet checkup for the non-native species and all that other junk? I know that I won't need a permit, I'm just wondering about the other stuff mentioned. Does the same apply to albinos (the vet checkups and records, I mean)?

Will I need more than one commercial permit to sell more than 5 of any one "native species"?

The vet check is for animals being brought into the state under the transportation permit. That is actually a Dept. of Ag. regulation. That law has been around for a long time now. I think the snakes, if from out of state supplier, would have had to have been checked when you got them. I don't know if you would need records of vet checked snakes you already have. I doubt it, but it may be a good question to ask the state.

One commercial permit is all that would be needed, no matter how many snakes you sell.

Hope this helps.

If I'm not mistaken, enforcement to the species level means that only those species native to the state are covered. If they were enforcing to the genus level, all the king snakes would be included in the reg.

Still, talk about a knee jerk reaction! Write and call your representatives!!!

Unfortunately, since California Kingsnake is Lampropeltis getula californiae, it would be included at the species level with our Lampropeltis getula nigra. That is directly from the person responsible from the reg. In court, I don't know how well it would stand up since the reg states "native wildlife" as the definition. This would also apply for all L. triangulum, E. obsoleta, T. sirtalis, P. melanoleucus, etc. If there is a representative subspecies in the state, then all animals in that species need a permit to sell.

These politicians can't outlaw exotics w/out a fight but they are obviously trying to make it so difficult to conduct business that we give up. It is worth it - fight. I have read the law & I'm still not sure if you need a transportation permit to just drive through the state of KY w/ animals. What kind of crap is this? Cal. kings & Texas Rats illegal w/out a permit? Come on, man!! Please write to your local legislative gr. - hire a lawyer, something. If this is not the work of corrupt politicians, there never was such a thing. To destroy a whole den of Timbers for the development of a new Kmart is fine but try to keep a Cal King in your house & they are all over it. Where did our rights go? Anyone ever have a Cal. King w/ Monkeypox?? Absurd...

I hate to sound ignorant, but where do I send my written letters and e-mails in opposition of this law?

PAUL E. PATTON, Governor

C. THOMAS BENNETT, Commissioner

TOURISM DEVELOPMENT CABINET

Department of Fish and Wildlife Resources

Dept. of Fish & Wildlife Resources are the law enforcers - good place to start. Contact any local herp organization for your area/state. Best to have one attorney represent a group. Check w/ your fellow herpers. Written letters take presedence over emails. Good luck....

it appears they may have some weight to throw around in these types of situations. Check to see if any locals are connected....

Ellen Benzing
Attorney
Department of Fish and Wildlife Resources
Arnold L. Mitchell Building
#1 Game Farm Road
Frankfort, Kentucky 40601
(502) 564-3400 FAX (502) 564-0506

Letters are better than email. You may also consider sending a letter to your commissioner. You can find their address at the KDFWR web site.
You may also want to send a letter to Tom Bennett, commissioner.