KRS § 150.740 — KY Code / Title XII / Chapter 150 / Section 150.740
150.740 Ban on live Cervidae importation except under certain conditions -- Penalties -- Reports on chronic wasting disease to be submitted to Interim Joint Committees annually -- Authority of department to seize captive cervids -- Hearing -- Appeal
Status: in_force

150.740 Ban on live Cervidae importation except under certain conditions --

Penalties -- Reports on chronic wasting disease to be submitted to Interim

Joint Committees annually -- Authority of department to seize captive cervids -

- Hearing -- Appeal.

(1) There shall be a ban on the importation of live members of the animal family

Cervidae into the Commonwealth that have not been subject to a program of

surveillance and identification for cervid chronic wasting disease (CWD) that meets

or exceeds:

(a) The requirements of the Kentucky Cervid CWD Surveillance and

Identification (CCWDSI) Program set forth in this section and in

administrative regulations promulgated by the Kentucky Department of

Agriculture; and

(b) Any other health requirements as regulated by the Kentucky Department of

Agriculture or the United States Department of Agriculture for cervids.

(2) The Kentucky Department of Agriculture shall be responsible for authorizing

importation of the members of the animal family Cervidae into the Commonwealth

that have been subject to a program of surveillance and identification for cervid

CWD that meets or exceeds:

(a) The requirements of the Kentucky CCWDSI Program set forth in this section

and in administrative regulations promulgated by the Kentucky Department of

Agriculture; and

(b) Any other health requirements as regulated by the Kentucky Department of

Agriculture or the United States Department of Agriculture for cervids.

(3) Members of the animal family Cervidae shall not be eligible for importation into the

Commonwealth unless the program of surveillance and identification for cervid

CWD to which they have been subject:

(a) Has been certified by the exporting state's state veterinarian or agency having

jurisdiction over that state's surveillance and identification program;

(b) Has been approved by the Kentucky state veterinarian as meeting or exceeding

the standards imposed under the Kentucky CCWDSI Program; and

(c) Meets, at minimum, the following requirements:

1. The program shall require cervid owners to obtain identification and

laboratory diagnosis from brain tissue as directed by the exporting state's

state veterinarian or agency with jurisdiction for cervids twelve (12)

months of age or greater that:

a. Display clinical signs of CWD;

b. Die, including deaths by slaughter or by hunting, including hunting

on hunting preserves; or

c. Are ill or injured regardless of whether the illness or injury results

in death; and

2. The program shall require cervid owners to obtain cervids from herds

that have been monitored for at least five (5) years and that have

complied with the standards contained in the Kentucky CCWDSI

Program.

(4) Cervids originating from a state that has reported a confirmed case of CWD in wild

or captive cervids shall not be imported into Kentucky until The United States

Department of Agriculture approves:

(a) Regulations that allow importation from those states; and

(b) A live test for CWD that is available for live testing of cervids.

(5) Importation of members of the animal family Cervidae into the Commonwealth

shall be consistent with this section and with administrative regulations

promulgated by the Kentucky Department of Agriculture in cooperation with the

Kentucky Department of Fish and Wildlife Resources.

(6) A person shall be guilty of a Class D felony upon conviction for violating this

section. Upon conviction of a second violation of this section and in addition to all

other penalties, a person shall be permanently ineligible for renewal of a captive

cervid permit. On or before November 1 of each year, the Department of Fish and

Wildlife Resources and the Department of Agriculture, Office of the State

Veterinarian, respectively shall issue reports to the Interim Joint Committee on

Agriculture and the Interim Joint Committee on Natural Resources and

Environment on the status of chronic wasting disease, and the reports may include

the status of other animal or wildlife diseases in Kentucky and the United States.

The reports shall be used for the purpose of determining the need for modifications

to the statutory ban on the importation of cervids into the Commonwealth.

(7) The Department of Fish and Wildlife Resources shall have the authority to

immediately, and without compensation to the owner, seize captive cervids that

have been imported into the Commonwealth contrary to this section. The individual

whose cervids were seized may request an administrative hearing pursuant to KRS

Chapter 13B within thirty (30) days of the department's seizure and may appeal the

final decision to Franklin Circuit Court in accordance with KRS Chapter 13B.

Pending the final outcome of all appeals, the seized cervids may be disposed of by

the department without compensation to the owner.

(8) The department shall have the authority to immediately, and without compensation

to the owner, seize and destroy captive cervids that are in the process of being

imported into the Commonwealth contrary to this section.

(9) A captive cervid originating from outside the Commonwealth of Kentucky which is

in transit, as defined in KRS 150.725 and which is being transported through the

Commonwealth to another state or nation of destination shall meet the entry

requirements of the state or nation of destination.

(10) A person intending to transport a captive cervid through Kentucky shall, prior to the

captive cervid entering Kentucky, obtain a transportation permit from the Office of

the State Veterinarian. This permit shall specify that:

(a) A captive cervid being transported through Kentucky shall not remain in

Kentucky for more than twenty-four (24) hours from the time of entry and, if

this requirement cannot be met once the animal is in Kentucky, the Office of

the State Veterinarian shall be contacted to secure a variance to the permit;

(b) A captive cervid being transported through Kentucky shall not leave the

transport vehicle while in Kentucky; and

(c) The person transporting the captive cervid through Kentucky shall follow the

routes specified in the transport permit, if this requirement cannot be met once

the animal is in Kentucky, the Office of the State Veterinarian shall be

contacted to secure a variance to the permit.