This is how the law is currently wrote. The next time it will be reviewed for approval is on May 10. This is how it was wrote as of April 12.
"COMMERCE CABINET
Department of Fish and Wildlife Resources
(Amendment)
301 KAR 2:082. Transportation and holding of exotic wildlife.
RELATES TO: KRS 150.010, 150.180, 150.280, 150.290, 150.305
STATUTORY AUTHORITY: KRS, 150.025(1), 150.180(6), 150.280
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.280 authorizes the department to promulgate administrative regulations establishing procedures for the holding of protected wildlife. KRS 150.180(6) requires a person transporting live wildlife into Kentucky to obtain a permit from the department. This administrative regulation establishes the procedure for obtaining a transportation permit for exotic wildlife, prohibits the importation and possession [or holding] of exotic species with the potential to damage native ecosystems, and places restrictions on importing species that are potentially dangerous to human health and safety.
Section 1. Definition. "Exotic wildlife" means terrestrial wildlife species which have never naturally existed in the wild in Kentucky including starling (Sturnus vulgaris), English or house sparrow (Passer domesticus), and Eurasian collared dove (Streptopelia decaocto).
Section 2. Prohibited Species. (1) Except as specified in subsection (3) [(2)] of this section, a person shall not import or transport through Kentucky or possess in Kentucky the following:
(a) Baya weaver (Plocius phillipinus);
(b) Blackbirds (Genus Agelaius), except native species;
(c) Cape sparrow (Passer melanurus);
(d) Cowbirds (Genus Molothrus), except native species;
(e) Cuckoo (Family Cuculidae), except native species;
(f) Dioch or red-bellied quelea (Quelea quelea);
(g) European blackbird (Turdus merula);
(h) Fieldfare (Turdus pilar);
(i) Flying fox or fruit bat (Genus Pteropus);
(j) Gambian giant pouched rat (Cricetomys gambianus);
(k) Giant or marine toad (Bufo marinus);
(l) Hawaiian rice bird or spotted munia (Lonchura punctalata nisoria);
(m) Jack rabbit (Genus Lepus);
(n) Java sparrow (Padda oryzivora);
(o) Madagascar weaver (Foudia madagascariensis);
(p) Mistle thrush (Turdus viscivorus);
(q) Monk or Quaker parakeet (Myiopsitta monachus);
(r) Multimammate rat (Subgenus Mastomys);
(s) Mute swan (Cygnus olor);
(t) Nutria (Myocastor coypus);
(u) Prairie dog (Cynomys spp.);
(v) Raccoon dog (Nyctereutes procyonoides);
(w) San Juan rabbit (Orytolagus cuniculus);
(x) Sky lark (Alauda arvensis);
(y) Song thrush (Turdus philomelus);
(z) Starlings (Family Sturnidae) including pink starlings or rosy pastors (Sturnus roseus), except for Indian Hill mynahs (Graclua religiosa);
(aa) Suricate or slender-tailed meerkat (Genus Suricata);
(bb) Tongueless or African clawed frog (Aenopus laevis);
(cc) Weaver finches (Genus Passer), except Passer domesticus;
(dd) White eyes (Genus Zosterops);
(ee) Wild European rabbit (also called the San Juan Rabbit) not distinguishable morphologically from native wild rabbits;
(ff) Yellowhammer (Emberiza citrinella);
(gg) A member of the following families:
1. Suidae (pigs or hogs), except for domestic swine;
2. Viverridae (civits, genets, lingsangs, mongooses and fossas);
3. Tayassuidae (peccaries and javelinas).
(2) Prohibited inherently-dangerous wildlife. Except as specified in subsections (3) and (5) of this section, a person shall not import or transport through Kentucky or possess in Kentucky the following:
(a) Adders or vipers (Family Viperidae) (except native species);
(b) Alligators or caimans (Family Alligatoridae);
(c) African buffalo (Syncerus caffer);
(d) Baboons, drills or mandrills (Genus Papio);
(e) Bears (Family Ursidae);
(f) Cheetah (Acinonyx jubatus);
(g) Clouded leopard (Neofelis nebulosa);
(h) Cobras or coral snakes (Family Elapidae);
(i) Crocodiles (Family Crocodylidae);
(j) Elephants (Family Elephantidae);
(k) Gavials (Family Gavialidae);
(l) Gelada baboon (Theropithecus gelada);
(m) Gila monsters or beaded lizards (Family Helodermatidae);
(n) Gorillas (Family Pongidae);
(o) Hippopotamus (Hippopotamus amphibius);
(p) Honey badger or ratel (Mellivora campensis);
(q) Hyenas (Family Hyaenidae), all species except aardwolves (Proteles cristatus);
(r) Komodo dragon (Varanus komodoensis);
(s) Lions, jaguars, leopards or tigers (Genus Panthera);
(t) Old world badger (Meles meles);
(u) Primates (Order Primates);
(v) Rhinoceroses (Family Rhinocerotidae);
(w) Sea snakes (Family Hydrophidae);
(x) Snow leopard (Uncia uncia);
(y) Venomous rear-fanged species (Family Colubridae);
(z) Wolverine (Gulo gulo); or
(aa) Hybrids of all species contained in this list.
(3) Upon written request, the commissioner may authorize the importation or possession of the species listed in subsection (1) of this section by circuses or for legitimate scientific or educational purposes by:
(a) A zoo or facility that is:
1. Accredited by [A member of] the American Zoo and Aquarium Association ("AZA"
; or
2. Designated as the official zoo of a municipality.
(b) A government agency;
(c) A college or university; [or]
(d) A licensed or accredited [similar] educational or research institution; or [.]
(e) A lawfully operated circus or rodeo.
(4) A person may temporarily transport and display a prohibited animal listed in this section through the state for less than ninety-six (96) hours if at all times the animal is maintained within a confinement sufficient to prevent the animal from escaping.
(5) Possession of an inherently-dangerous animal prior to the effective date of the amendment to this administrative regulation.
(a) A person who legally possesses an inherently-dangerous animal as defined in subsection 2 of this section to the effective date of the amendment to this administrative regulation may possess the animal.
(b) The person shall maintain:
1. Veterinary records;
2. Acquisition papers for the animal; or
3. Any other documents that establishes that the person possessed the animal prior to the effective date of the amendment to this administrative regulation.
(c) A legally-possessed inherently-dangerous animal shall not be bred by a person who does not have an exemption as established in Section 2(3) of this administrative regulation.
(d) A legally-possessed inherently-dangerous animal shall not be replaced by a person who does not have an exemption as established in Section 2(3) of this administrative regulation.
(6) If any inherently-dangerous animal escapes, either intentionally or unintentionally, the owner of the animal shall immediately contact the department to report the escape or release.
Section 3. Exotic Wildlife. Unless listed in Section 2(1) of this administrative regulation, or otherwise protected by state or federal law, exotic wildlife shall not:
(1) Be classified as protected wildlife; and
(2) Require a permit from the department for possession.
Section 4. Transportation Permits and Certificate of Veterinary Inspection. (1) Prior to entry into Kentucky, an annual or individual transportation permit as established in 301 KAR 2:081 shall be obtained for all shipments of wildlife. Persons shall be responsible for applying for a transportation permit who:
(a) Receive a shipment of wildlife;
(b) Import wildlife for their own use or possession; or
(c) Transport wildlife into and through the state to a destination outside Kentucky;
(2) A copy of a valid transportation permit shall accompany all shipments of wildlife into Kentucky.
(a) Individual transportation permits shall be valid for one (1) shipment of wildlife.
(b) Annual transportation permits shall be valid for multiple wildlife shipments for one (1) year from the date of issue. Annual transportation permit holders shall:
1. Notify the department in writing of any changes or additions subsequent to the original application so that an amended permit may be issued prior to subsequent wildlife importation; and
2. Notify the department by telephone Monday through Friday between 8 a.m. and 4:30 p.m. at least forty-eight (48) hours prior to each shipment of wildlife of the date of expected shipment; source of the shipment; and the species being shipped.
(3) All shipments of wildlife shall be accompanied by a certificate of veterinary inspection stating that the wildlife is free of symptoms of disease. A federal quarantine certificate may be substituted for the certificate of veterinary inspection.
[Section 5. Inherently Dangerous Animals. If not an institution listed in Section 2(2) of this administrative regulation, the transportation permit application shall be accompanied by a signed statement from the local authority having jurisdiction over where the animal will be kept, certifying that the possession of the following dangerous exotic species is not prohibited by local ordinance:
(1) Adders or vipers (Family Viperae);
(2) Alligators or caimans (Family Alligatoridae);
(3) African buffalo (Syncerus caffer);
(4) Baboons, drills or mandrills (Genus Papio);
(5) Cheetah (Acinonyx jubatus);
(6) Clouded leopard (Neofelis nebulosa);
(7) Cobras or coral snakes (Family Elapidae);
(8) Crocodiles (Family Crocodylidae);
(9) Elephants (Family Elephantidae);
(10) Gavials (Family Gavialidae);
(11) Gelada baboon (Theropithecus gelada);
(12) Gila monsters or bearded lizards (Family Helodermatidae);
(13) Gorillas (Family Pongidae);
(14) Hippopotamus (Hippopotamus amphibius);
(15) Honey badger or ratel (Mellivora campensis);
(16) Hyenas (Family Hyaenidae), all species except aardwolves (Proteles cristatus);
(17) Komodo dragon (Varanus komodoensis);
(18) Lions, jaguars, leopards or tigers (Genus Panthera);
(19) Old world badger (Meles meles);
(20) Rhinoceroses (Family Rhinocerotidae);
(21) Sea snakes (Family Hydrophidae);
(22) Venomous rear-fanged species (Family Colubridae); or
(23) Wolverine (Gulo gulo).]
Section 5. [6.] The following animals shall not require permits from the department for importation:
(1) Alpaca (Lama pacos);
(2) American bison (Bison bison);
(3) Breeds and varieties of goats derived from the wild goat or bezoar (Capra aegagrus);
(4) Camels (Camelus bactrianus and Camelus dromedarius);
(5) Chinchillas (Chinchilla laniger);
(6) Cockatoos (family Cacatuidae);
(7) Domesticated races of ducks and geese (family Anatidae) distinguishable morphologically from wild ducks or geese;
(8) Domesticated races of the European rabbit (Oryctolagus cuniculus) distinguishable morphologically from wild rabbits;
(9) Domesticated races of mink (Mustela vison), if:
(a) Adults are heavier than 1.15 kilograms; or
(b) The fur color can be distinguished from wild mink;
(10) Domestic swine, except free-roaming or feral wild boars or wild swine;
(11) Domesticated races of rats (Rattus norvegicus or Rattus rattus) or mice (Mus musculus);
(12) Domesticated races of turkeys (Meleagris gallopavo) recognized by the American Poultry Association and the U.S. Department of Agriculture; but shall not include captive held or bred wild turkeys;
(13) Domestic yak (Bos grunniens);
(14) Gerbils (Meriones unguiculatus);
(15) Guinea fowl (Mumida megeagris);
(16) Guinea pigs (Cavia porcellus);
(17) Hamsters (Mesocricetus spp.);
(18) Indian Hill mynahs (Graclua religiosa);
(19) Llama (Lama glama);
(20) Parrots, lovebirds, cockatiels, budgerigar, parakeets (except monk parakeet (M. monachus), macaws (family Psittacidae);
(21) Peafowl (Pavo cristatus);
(22) Pigeons (Columba domestica or Columba livia) or domesticated races of pigeons;
(23) Ratites, as defined by KRS 247.870; and
(24) Toucans (family Rhamphastidae);
Section 6. [7.] Applying for Permits. (1) All applications for transportation permits shall be made on standard forms.
(2) The applicant shall indicate the source of supply of the wildlife.
(3) After the permit is issued, the permit holder shall retain a bill of sale or other written proof to show that the wildlife was obtained from a legal source.
(4) A permit holder shall show this written proof to a conservation officer upon request.
(5) Applicants shall possess an approved permit before acquiring animals.
(6) Failure to provide accurate, truthful and complete information on the application form shall result in:
(a) Immediate withdrawal or revocation of the permit; and
(b) Confiscation of the wildlife imported under the permit.
Section 7. [8.] Endangered Species. A permit shall not be issued for the transportation or possession of federally endangered or threatened species without obtaining prior approval from the commissioner. The commissioner may grant approval for legitimate scientific or educational purposes for:
(1) A zoo that is:
(a) Accredited [A member of] the American Zoo and Aquarium Association; or
(b) Designated as the official zoo of a municipality;
(2) A government agency;
(3) A college or university; or
(4) A similar educational or research institution.
Section 8. [9.] Inspections. A person holding exotic wildlife shall allow a conservation officer to inspect the holding facilities at any reasonable time.
Section 9. [10.] Release. With the exception of pheasants and chukars, a person shall not release exotic wildlife into the wild.
Section 10. [11.] Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "Annual Transportation Permit Application, July 2003 edition"; and
(b) "Individual Transportation Permit Application, July 2003 edition."
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Game Farm Road, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.
C. THOMAS BENNETT, Commissioner
W. JAMES HOST, Secretary
APPROVED BY AGENCY: December 3, 2004
FILED WITH LRC: February 1, 2005 at 2 p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 22, 2005 at 10 a.m. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Game Farm Road, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by five business days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation by March 31, 2005. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:
CONTACT PERSON: Jim Lane, Program Coordinator, Wildlife Division, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Game Farm Road, Frankfort, Kentucky 40601, phone (502) 564-3400, fax (502) 564-0506.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Ellen F. Benzing
(1) Provide a brief summary of:
(a) What the administrative regulation does: This administrative regulation establishes the procedures for transporting and holding exotic wildlife in Kentucky.
(b) The necessity of the administrative regulation: To prohibit the importation and holding of exotic species that have the potential to damage native ecosystems.
(c) How does this administrative regulation conform to the authorizing statute: KRS 150.180 authorizes the department to promulgate administrative regulations governing the transportation of wildlife. KRS 150.280(2) authorizes the department to identify species of wildlife potentially damaging to native ecosystems and prohibit the transportation and holding of those species.
(d) How will this administrative regulation assist in the effective administration of the statutes: This regulation establishes the list of inherently dangerous animals that are not native to Kentucky. The listed species are banned from transportation and possession in the state of Kentucky.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change the existing administrative regulation: The amendment expands the list of species, which are prohibited from transportation into Kentucky and prohibited from possession in Kentucky. The amendment creates and clarifies exemptions for persons or entities which may possess the listed species and establishes exemptions where the animals may be transported through Kentucky (i.e. the listed species of prohibited animals may be transported and displayed if less than 96 hours and the animal is confined.)
(b) The necessity of the amendment to this administrative regulation: The KDFWR is receiving increasing numbers of complaints regarding possession and escape of the listed species.
(c) How does the amendment conform to the authorizing statutes: See "(c)" above.
(d) How the amendment will assist in the effective administration of the statutes: See "(d)" above.
(3) List the type and number of individuals, businesses, organizations or state and local governments that will be affected: It is not determinable how many persons currently possess the species listed in Section 2(2) of this administrative regulation. Those persons who do possess the listed species may still possess them. However, those persons who wish to acquire and hold the species listed in Section 2(2) in the future may not do so. It is not determinable how many persons this prohibition will effect.
(4) Provide an assessment of how the above groups will be impacted by either the implementation of this administrative regulation, if new, or by the change if it is an amendment: Persons already holding the species of animals listed in Section 2(2) will not be affected. Those persons may still possess their animals. However, these persons will not be permitted to acquire new animals listed on the prohibited species list after the effective date of the regulation unless they qualify for an exemption established in Section 2(3).
(5) Provide an estimate of how much it will cost to implement this administrative regulation: There will be no cost associated with the implementation of this administrative regulation.
(a) Initially: There will be no additional cost to the agency to implement this administrative regulation.
(b) On a continuing basis: There will be no additional cost to the agency.
(6) What is the source of funding to be used for implementation and enforcement of this administrative regulation. The current budget of the Department of Fish and Wildlife Resources Division of Law Enforcement already oversees the enforcement of administrative regulations. The Division of Wildlife oversees wildlife transportation and holding permits. Both divisions’ current budgets will provide for the implementation and enforcement of this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment. It will not be necessary to increase a fee or funding to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees directly or indirectly increases any fees: No fees.
(9) TIERING: Is tiering applied? Tiering was not used because this administrative regulation applies to all persons who transport and possess exotic species"
This material was taken from the Ky legislative page here is a link to the page were I got this material. http://lrc.ky.gov/kar/301/002/082reg.htm
