Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 3 - Hunting and Fishing › Section 301 KAR 3:120 - Commercial nuisance wildlife control

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.183,
				150.275,
				150.330,
				150.410,
				50 C.F.R.
				21.41
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1)(h) authorizes the
				department to promulgate any other administrative regulations reasonably
				necessary to implement or carry out the purposes of KRS Chapter 150.
				KRS
				150.105 authorizes the commissioner, with the
				approval of the commission, to authorize any person to destroy or bring under
				control any wild animal, fish, or wild birds, protected or unprotected, which
				are causing damage to persons, property, other animals, or spreading diseases.
				KRS
				150.275 authorizes the department to issue
				permits to qualified persons to take and transport wildlife at any time for
				commercial nuisance wildlife control. This administrative regulation
				establishes the requirements for commercial nuisance wildlife control permits,
				and nuisance wildlife control operators.
				KRS
				150.235 prohibits persons from performing
				acts authorized to be performed by a permit without first procuring the permit
				and the permit or license shall be kept on their person while conducting acts.
				KRS
				150.170 prevents persons from doing any act
				or assisting a person with an act authorized by any kind of license or permit
				unless they hold the kind of permit that authorizes the act.
				50 C.F.R.
				21.41 provides federal permitting
				requirements for depredating migratory birds and allows a NWCO to herd or scare
				depredating migratory birds without a federal permit, except that federally
				endangered or threatened species and bald or golden eagles shall not be scared
				or herded.
Section 1. Definitions.
(1) "Commercial purposes" means taking
			 nuisance wildlife in exchange for payment, trade, or associated with job duties
			 as part of employment.
(2)
			 "Enhanced Rabies Surveillance Zone" means Bell, Boyd, Bracken, Carter, Clay,
			 Elliot, Fleming, Floyd, Greenup, Harlan, Johnson, Knott, Knox, Laurel,
			 Lawrence, Leslie, Letcher, Lewis, Martin, Mason, McCreary, Pike, Perry,
			 Robertson, and Whitley counties.
(3) "Federally-protected wildlife" means any
			 wildlife species listed by the U.S. Fish and Wildlife Service as threatened or
			 endangered, and any birds protected under the Migratory Bird Treaty Act or the
			 Bald and Golden Eagle Protection Act.
(4) "Nuisance wildlife" means vertebrate
			 wildlife that causes or may cause damage or threat to agriculture, human
			 health, safety, or property.
(5)
			 "Nuisance wildlife control operator" means the holder of a valid permit, issued
			 by the department, which authorizes the taking of nuisance wildlife for
			 commercial purposes.
(6) "NWCO"
			 means a nuisance wildlife control operator as defined in this administrative
			 regulation.
(7) "Permit" means the
			 nuisance wildlife control operator's permit issued pursuant to this
			 administrative regulation.
(8)
			 "Rabies vector species" means a:
(a) Coyote
			 (Canis latrans);
(b) Gray fox
			 (Urocyon cinereoargenteus);
(c)
			 Raccoon (Procyon lotor);
(d) Red
			 fox (Vulpes vulpes);
(e) Spotted
			 skunk (Spilogale putorius); or
(f)
			 Striped skunk (Mephitis mephitis).
(9) "Rural habitat" means an area of the
			 state not included within the boundaries of an incorporated or unincorporated
			 city, village or borough, and having a population in excess of 1,500
			 inhabitants.