KEnTuCky laws

IMPORT AND TRANSPORT THROUGH (NATIVE AND EXOTIC)

(Revised Effective 5/3/22)

PERMIT (Transportation Permit) or permit authorization number needed to receive a shipment of native and exotic wildlife outside KY, import into KY, and transport into KY [REMOVED or through the state to destination outside KY]. Must accompany all shipments.

EXEMPT:
- AZA
- Permit-exempt exotics (click for list)
- Falconry Permit holders (for those raptors only)

TYPES:

Individual Transportation Permit (one-time shipment)
Annual Transportation Permit (multiple shipments for 1 year)
- Must renew by mail or email AND no shipments until renewed

REQUIREMENTS:

At least 18
NO conviction in past year of the exotic wildlife or native wildlife regulations
Need Certificate of veterinary inspection or federal quarantine certificate
- EXEMPT: Reptiles and amphibians
Annual: notify department 48 hours before shipment of any permit changes
Follow local laws
USFWS permit required for federally protected migratory birds not exempt when possessing or transporting from out of state
Wildlife must come from legal source

EXOTIC WILDLIFE

(Revised Effective 5/3/22)

PROHIBITED SPECIES

BANS import and possession of inherently dangerous exotic wildlife. Also allows counties and cities to ban them along with sea snakes, Komodo dragons, cougars, and wolf and hybrids over 25%.

EXEMPT: AZA zoos
GRANDFATHERED:
- Owners in 2005 if veterinary and acquisitions records maintained and not replaced or bred – allows transfer if owner dies with approval
- Lynx owners on 12/1/21 with veterinary and acquisition records

PERMIT (Transportation Permit) issued for temporarily transporting inherently dangerous exotic wildlife through the state for less than 48 hours if animals are not exhibited or sold and in enclosures to prevent escape and no public contact [REMOVED - except Asian elephants] where local ordinances allow.

BANS possession, import and transport into state of environmentally injurious species listed.

EXEMPT: AZA and Commissioner’s Exemption - Import with written request
- municipal zoos
- [REMOVED - government agencies]
- colleges or universities (must conduct research or education to fulfill classroom requirement)
- [REMOVED - accredited educational or research institutions]
- Circuses (excludes ESA endangered)
- [REMOVED - exhibitors at county or state fair with written permission from the Commissioner]
- facility previously granted exemption for housing confiscated wildlife and serving as animal holding facility for department
- previously exempted education or research institute with permanent facility

BANS import, transport into KY and possession of federally endangered exotic species

EXEMPT:
- As allowed by 150.183 and 301 KAR 3:061
- AZA zoos (all activities must be official zoo activities)

LISTS: See detailed lists

REQUIREMENTS:

Bites or exposure to disease or zoonotic infection must be reported to local county health department in 12 hours – if mammal shows signs of rabies, it must be killed to preserve brain
All must allow inspections even if exempt from permit

POSSESSION AND RELEASE (REST)

NO PERMIT NEEDED for permit-exempt exotics or possession of all exotic wildlife (nonnative species and those introduced by man) not listed as inherently dangerous wildlife, environmentally injurious species, or endangered.

BANS release of exotic wildlife except pheasants or chukars.

REQUIREMENTS:

All including exempt: Immediately report escapes
Allow inspections

(Kentucky Rev. Statutes 65.877; 301 Kentucky Admin Regs 2:082)

NATIVE WILDLIFE

PROHIBITED SPECIES

BANS import, transport and possession of:

Alligator snapping turtle
Black bear
Copperbelly water snake
Cougar or mountain lion
Wild turkey
Wolf

BANS import and transport of:

Coyote
Fox including arctic fox and gray fox
Raccoon
Skunk including Eastern spotted skunk and American hog-nosed skunk

EXEMPT for all prohibited species above:

AZA zoos
Permission for scientific or educational purposes by:
- municipal zoos
- government agencies
- colleges or universities
- accredited educational or research institutions

(Kentucky Rev. Statutes 150.280-290; 301 Kentucky Admin. Regs. 2:081)

POSSESSION AND PROPAGATION

BANS purchase, sale, trade or barter of wild-caught native wildlife.

PERMIT (Captive Wildlife Permit) required to hold and propagate native wildlife.

PROHIBITED: wildlife rehabilitation permits
EXEMPT:
- 100 Northern bobwhites with receipt or proof of purchase if not propagated or sold
  - Must comply with facility requirements
  - dog training areas or a shoot-to-train season must comply with that law
- Unlimited snapping or softshell turtles
- 15 bullfrogs/night
- 25 dusky salamanders or spring lizards (Desmognathus)
- 5 per species of rest of reptiles and amphibians taken or possessed for personal use
- Reptiles with distinctly different color morphology

TYPES:

Commercial Captive Wildlife Permit (sell, trade or barter native wildlife) – Annual
Noncommercial Captive Wildlife Permit (possess native species) – 3 years

LIMITS: Allows unlimited reptiles and amphibians under permit

LEGAL SOURCES:

commercial captive wildlife permit holder
gift from commercial or noncommercial captive wildlife permit holder
trapping during season with trapping license
import with transportation permit

REQUIREMENTS:

18+ years old
Conviction of violating exotic or native wildlife regulations in last year
Must euthanize rabies vector species (coyote, gray and red fox, raccoon, and spotted and striped skunks) in enhanced rabies surveillance area
- EXEMPT: foxes and coyotes trapped during season transferred to commercial foxhound training enclosure in same county
  - May hold under captive wildlife permit for 48 hours before transfer
BANS transporting rabies vector species into or out of surveillance area
Maintain records for 5 years and allow inspections of them
Have pre-constructed facilities
Meet facility requirements including mobile facility requirements
- Temporary facilities must meet permanent requirements if in location more than 10 days
Follow local laws
Allow inspections and correct violations in 10 days or have permit revoked and animals seized

(Kentucky Rev. Statutes 150.280-290; 301 Kentucky Admin. Regs. 2:081)

OTHER NATIVE PERMITS

               Game Birds – quail, pheasant, chukar, grouse, waterfowl or other birds used for game
             Livestock – cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes and other animals of those families
              Migratory shore or upland game birds – migratory game birds except waterfowl
               Waterfowl – wild ducks, geese, swans, mergansers and coots

PERMITS:

Ferret Permit (wild-caught ferret as pets or other than hunting)
- EXEMPT: captive-bred
- Must have within 10 days
- BANS use in hunting
- Kentucky Rev. Statutes 150.355

Captive Cervid Permit (sell, trade and barter cervids)
- Kentucky Rev. Statutes 150.725-150.730; 301 Kentucky Admin Regs. 2:083

Noncommercial Captive Cervid Permit (cervids grandfathered in 2016)

Scientific and Educational Collecting permits (take and transport for scientific or educational purposes)
- Kentucky Rev. Statutes 150.275; 301 Kentucky Admin Regs. 4:070

Commercial Nuisance Wildlife Control Operator (take and transport)
- Kentucky Rev. Statutes 150.275; 301 Kentucky Admin Regs. 4:070

Conservation Permit (conservation organizations)
- Kentucky Rev. Statutes 150.177; 301 Kentucky Admin Regs. 3:100

Wildlife Rehabilitation Permits
- 301 Kentucky Admin Regs. 2:075

Falconry
- 301 Kentucky Admin Regs. 2:195
- Issue 1 permit to take passage Tundrius peregrine falcons

PROTECTED BIRDS

BANS taking wild birds other than game birds or raptors with a season

EXEMPT: Unprotected starlings and English sparrows – make take with hunting license

(Kentucky Rev. Statutes 150.320)

MIGRATORY BIRDS

BANS taking, pursuing, possessing, transporting, selling and purchasing migratory birds except as allowed by federal law.

(Kentucky Rev. Statutes 150.330)

MUSSELS

Department may regulate buying, selling and taking mussels.

(Kentucky Rev. Statutes 150.520)

COMMON SNAPPING TURTLES, SMOOTH AND SPINY SOFTSHELL TURTLES

PERMIT needed to take turtles: hunting license for gun or bow and arrow and fishing license for other methods.

Season: Year-round 24 hours/day
Limit:
- unlimited noncommercial take
- commercial – BANNED
Methods: BANS commercial fishing gear
- Gun
- bow and arrow
- hand hook and line
- fishing pole
- jugging
- setline
- sport fishing trot line
- hand
- handled hook
- gigging
- snagging
- turtle trap checked daily and animals removed except 1 decoy

(301 Kentucky Admin. Regs. 1:058)

BULLFROGS

PERMIT required to take bullfrogs.

Hunting license for gun or bow and arrow
Fishing license for pole and line
Either for gig or hand

Season: 3rd Friday May – Oct 31 from noon to noon

Daily Limit: 15

Possession Limit:

30 after 2+ days
15 while in field

BANS gigs on boats or from lake or stream Nov 1 – Jan 31.

(301 Kentucky Admin. Regs. 1:082)

AQUATIC SPECIES

PROHIBITED AQUATIC SPECIES

BANS import, possession, buying and selling listed prohibited aquatic species in aquaria.

LIST:

Piranha (Subfamily Serrasalminae)
Mexican banded tetra
sea lamprey
walking catfish (Clarias)
snakeheads (Channa)
zebra mussel
round goby

BANS buying, selling, importing, transport, or release of Asian carp (silver, bighead, black, grass carp).

EXEMPT:
- buy, sell, import, or possess sterile, triploid grass carp
- import and possess fertile diploid grass carp by propagator to produce triploid
- possession, sale and transport by commercial fisherman if not transported in water, moribund and transported to fish processing facility

BANS buying, selling, possessing, importing and releasing unlisted aquatic species not native to KY.

EXEMPT: buy, sell, import, or possess unlisted aquarium species

EXEMPT FROM ALL:

import for scientific or educational purposes

(Kentucky Rev. Statutes 150.280; 301 Kentucky Admin. Regs. 1:122)

PERMITS

PERMITS: (click for detailed information)

Fisheries Commercial Propagation Permit (buy, sell, transport mussels and non-sport fish)
- elementary, middle, secondary schools and educational institutions - FREE

Live Fish & Bait Dealers License (sell at wholesale or retail live crayfish, mud eels, spring lizards, fish, aquatic invertebrates, or amphibians for bait OR sell live fishes for stocking or fishing)
- EXEMPT:
  - commercial propagation permits
  - sale of fish in food establishments

Live Fish Transportation Permit (import live fish, bait, or aquatic organisms)
- EXEMPT:
  - Transport of aquarium species
  - Fish propagators (except import of fish)
  - sport or commercial fishing license for bait or fish
  - Transport fish purchased from bait dealer for private water stocking
  - Department agents
  - Transport of aquatic organisms purchased for consumption from retailer
  - roe-bearing fish harvesters for those species

Commercial Roe-Bearing Fish Harvester’s Permit (harvest, transport and sell paddlefish, shovelnose sturgeon, and bowfin or unprocessed roe)
- EXEMPT: special commercial fishing permit holder

Roe-bearing Fish Buyer's Permit (buy, sell, barter, receive, ship unprocessed roe - paddlefish, shovelnose sturgeon, and bowfin)

(Kentucky Rev. Statutes 150.485; 301 Kentucky Admin Regs. 1:115, 1:120, 1:125, 1:155)