Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 3 - Hunting and Fishing › Section 301 KAR 3:061 - Endangered species of fish and wildlife

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.025,
				150.183
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation pertains to the buying, selling, transporting, importing, processing
				and possessing of state and federally protected endangered fish and wildlife
				species. This administrative regulation is necessary to comply with the U.S.
				Department of the Interior's Endangered Species Act of 1973 as amended. The
				function of this administrative regulation is to protect and conserve those
				endangered fish and wildlife species appearing on present and revised future
				lists issued by the state and federal governments. The commissioner, with the
				concurrence of the commission, therefore finds it essential to promulgate a new
				administrative regulation to meet statutory requirements for the management of
				endangered fish and wildlife.
Section
			 1. Possession, Buying and Selling Endangered Fish and Wildlife. It
			 is unlawful for any person to import, transport, possess, process, sell or
			 offer for sale any endangered species of fish and wildlife, or parts thereof,
			 except as provided in Sections 3 and 4 of this administrative regulation. Nor
			 shall any article be made in whole or from any part or parts of any species of
			 fish and wildlife designated as endangered by this administrative
			 regulation.
Section 2. Endangered
			 Species. Definition and exclusions. Any species or subspecies designated as
			 endangered by the Secretary of the Interior on a current United States List of
			 Endangered and Threatened Wildlife as recorded in 50 Code of Federal
			 Regulations, Part 17, is considered an endangered species in Kentucky under the
			 provisions of
			 KRS
			 150.183. Those species described as
			 "threatened" on the above federal list are not included under
			 KRS
			 150.183 or this administrative
			 regulation.
Section 3. Exceptions
			 and Permits. The Department of Fish and Wildlife Resources may, under permit,
			 allow the importation, transportation, possession, sale or resale of any native
			 or foreign endangered species or subspecies of fish and wildlife and part or
			 parts thereof, for zoological, educational or scientific purposes, and for the
			 propagation of such fish and wildlife in captivity for preservation purposes,
			 except as otherwise prohibited by federal and other states' statutes and
			 regulations. This permit will be issued free of charge by applying in writing
			 to the Commissioner of the Department of Fish and Wildlife Resources. Where
			 applicable, an application for a Kentucky permit for zoological, educational or
			 scientific purposes must be accompanied by a copy of the appropriate federal
			 permit or permits from another state. The federal permit may be obtained by
			 writing to the Director, U.S. Fish and Wildlife Service, U.S. Department of the
			 Interior, Washington, D.C. 20240.
Section
			 4. Possession Prior to 1973. Any person or organization who, prior
			 to the enactment of the Federal Endangered Species Act of 1973, had in their
			 possession an endangered species or part or parts thereof, may continue to
			 possess same without a state permit.
STATUTORY AUTHORITY:
				  KRS
				  13A.350,
				  150.025