Section 1. Definitions.
"Wildlife" means all species of normally undomesticated animals except lovebirds, cockatiels, white rats, exotic finches, hamsters, guinea pigs, canaries, mice, reptiles, myna birds, gerbils, toucans, and primates.

Section 2. Taking and Possessing Wildlife.
(1) A person shall not hold wildlife in captivity which was not legally taken or possessed.
(2) A person holding wildlife in captivity shall apply for a permit within ten (10) days after the wildlife is acquired.

Section 3. Importation or Possession Prohibited.
A person shall not import or possess the following wildlife: wild hog, jack rabbit, monk parakeet, javelina, nutria, wild turkey, San Juan rabbit, bear, bobcat, cougar, raccoon dog (Nyctereutes procyo-noides) and wolf. The commissioner may approve exceptions for certain educational, scientific or research purposes.

Section 4. Permits.
(1) Commercial pet and propagation permits.

(a) A person buying, selling, possessing, propagating or exhibiting wildlife for commercial purposes shall obtain a commercial pet and propagation permit from the department.
(b) Commercial permit holders shall obtain wildlife only from permitted or qualified sources as determined by the commissioner.
(c) Determination of wildlife permitted to be possessed, transported, bought, sold, or exhibited will be made by the commissioner or his appointed representative.

(a) A person possessing, purchasing, or propagating wildlife for noncommercial purposes shall obtain a noncommercial pet and propagation permit from the department within ten (10) days after the wildlife is acquired.
(b) Holders of noncommercial permits may obtain wildlife legally from the wild or from a permitted or qualified source as determined by the commissioner.

(a) A person importing, transporting, or receiving shipment of live wildlife shall first obtain a transportation permit from a conservation officer; nonresidents receiving wildlife shipments in Kentucky may apply directly to the department.
(b) All shipments of wildlife shall be accompanied by a veterinarian's certificate stating that the wildlife is free of symptoms of disease. A federal quarantine certificate may be substituted for the veterinarian's certificate.

Section 5. Applying for Permits.
(1) All applications for pet or propagation 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.

Section 6. Confining Facilities and Inspections.
(1) Confining facilities shall be large enough to allow reasonable space for exercise, shelter, and maintenance of sanitary conditions.
(2) The holder of a pet or propagation permit shall allow a conservation officer to inspect the facilities at any reasonable time.
(3) The conservation officer shall immediately notify the permit holder and the commissioner if his inspection reveals that wildlife is being kept under unsanitary or inhumane conditions.
(4) The conservation officer shall make a second inspection after ten (10) days, and the permit shall be revoked and all captive wildlife confiscated immediately if the unsatisfactory conditions have not been corrected.
(5) The pet or propagation permit shall be revoked and all wildlife confiscated if it becomes apparent that an application was not made in good faith, or if the permit holder is convicted of any law violation concerning the species for which he holds a permit.
(6) Fees shall not be refunded for permits which are revoked.

Section 7. Conditions for Selling Wildlife.
(1) The carcasses of deer, wild turkey, wild rabbit or squirrel shall not be sold.
(2) Other wildlife or parts thereof produced on a permitted commercial propagation facility may be sold.
(3) The pelts of furbearers may be sold during the regular open season or at other times by written permission of the commissioner.
(4) All wildlife sold alive for propagation purposes or to commercial shooting preserves shall bear a tag on each crate stating the name and address of the propagator and permit number. The tags may be obtained from the department.
(5) All propagated wildlife sold for food purposes shall be tagged with tags obtained from the department.

Section 8. Sale of Bobwhite Quail for Food Purposes.
(1) A person who sells bobwhite quail for human consumption shall have a food purposes permit from the department. This food purposes permit is valid for one (1) year from date of issue.
(2) This permit shall be in addition to all other permits required for the operations of propagation farms.
(3) The holder of a food purposes permit shall present to a person buying quail an invoice in triplicate showing the number of birds and the date of sale.
(4) The seller shall have the invoice signed by the purchaser.
(5) The seller shall mail one (1) copy of the invoice to the department.
(6) The seller and purchaser shall retain one (1) copy of the invoice for at least one (1) year.
(7) A restaurant or store serving or selling bobwhite quail for food shall possess and display a valid sale for food certificate.
(8) A person shall not sell bobwhite quail for food purposes to restaurants or stores which do not possess a valid sale for food certificate. (20 Ky.R. 2926; eff. 6-2-94.)
 

Section 1. Definitions.
(1) "Circus" means a traveling public entertainment show consisting of acrobats, clowns, and trained animals, but shall not include a show including wrestling bears or other direct contact between members of the public and inherently dangerous animals.
(2) "Exotic wildlife" means living terrestrial wildlife species which have:

(a) Never existed in the wild in Kentucky; or
(b) Been extirpated from the state and could not be reasonably expected to survive in the wild if introduced.

Section 2.
(1) Except as specified in subsection (2) of this section, a person shall not import or possess:

(a) Suricate or slender-tailed meerkat (Genus Suricata);
(b) Flying fox or fruit bat (Genus Pteropus);
(c) Wild European rabbit (also called the San Juan Rabbit);
(d) Mulimammate rat (Subgenus Mastomys);
(e) Nutria (Myocastor coypus);
(f) Monk or Quaker parakeet (Myiopsitta monachus);
(g) Cuckoo (Family Cuculidae), except native species;
(h) Sky lark (Alauda arvensis);
(i) European blackbird (Turdus merula);
(j) Mistle thrush (Turdus viscivorus);
(k) Fieldfare (Turdus pilar);
(l) Song thrush (Turdus philomelus);
(m) White eyes (Genus Zosterops);
(n) Cape sparrow (Plocius philippines);
(o) Baya weaver (Plocius bava);
(p) Madagascar weaver (Foudia madagascariensis);
(q) Weaver finches (Genus Passer), except Passer domes-ticus;
(r) Dioch or red-bellied quelea (Quelea quelea);
(s) Cowbirds (Genus Molothrus), except native species;
(t) Blackbirds (Genus Agelaius), except native species;
(u) Yellowhammer (Emberiza citrinella);
(v) Java sparrow (Padda oryzivora);
(w) Hawaiian rice bird or spotted munia (Lonchura punc-talata
nisoria);
(x) Starlings (Family Stunidae) except Sturnus vulgaris and
hill mynahs (Graclua Religiosa);
(y) Pink starling or rosy pastor (Sturnus roseus);
(z) Mute swan (Cygnus olor);
(aa) Giant or marine toad (Bufo marinus);
(bb) Tongueless or African clawed frog (Aenopus laevis);
(cc) 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).

(a) A zoo that is:
1. A member of the American Zoo and Aquarium Association;
or
2. Designated as the official zoo of a municipality.
(b) A government agency;
(c) A college or university; or
(d) A similar educational or research institution.

(a) A veterinarian's certificate that the wildlife does not exhibit symptoms of disease;
(b) A copy of a bill or sale or other proof that the wildlife was obtained legally; and
(c) If not an institution listed in Section 2(2) of this administrative regulation, 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. African buffalo (Syncerus caffer);
2. Hippopotamus (Hippopotamus amphibius);
3. Hyenas (family Hyaenidae), all species except aard-wolves (Proteles Cristatus);
4. Honey badger or ratel (Mellivora campensis);
5. Old world badger (Meles meles);
6. Lions, jaguars, leopards or tigers (Genus Panthera);
7. Clouded leopard (Neofelis nebulosa);
8. Cheetah (Acinonyx jubatus);
9. Elephants (family Elephantidae);
10. Rhinoceroses (family Rhinocerotidae);
11. Gibbons or siamangs (family Hylobatidae);
12. Orangutans, chimpanzees, or gorillas (Family Pon-gidae);
13. Baboons, drills or mandrills (Genus Papio);
14. Macaques (Genus Macaca);
15. Gelada baboon (Theropithecus gelada);
16. Gavials (Family Gavialidae);
17. Crocodiles (Family Crocodylidae);
18. Alligators or caimans (Family Alligatoridae);
19. Sea snakes (Family Hydrophidae);
20. Cobras or coral snakes (Family Elapidae);
21. Adders or vipers (Family Viperae);
22. Venomous rear-fanged species (Family Colubridae);
23. Gila monsters or beaded lizards (Family Heloderma-tidae);
24. Komodo dragon (Varanus komodoensis);
25. The following constricting snakes over eight (8) feet in length:
a. Boa constrictor (Boa constrictor) all subspecies;
b. Anaconda (eunectues murinus);
c. Indian python (Python molurus);
d. Reticulated python (Python reticulatus); or
e. Rock Python (Python sebae);
26. Bears (Family Ursidae);
27. Wolf or wolf hybrids of over twenty-five (25) percent wolf;
or
28. Cougar or mountain lion (Felis concolor).

(a) Immediate withdrawal or revocation of the permit; and
(b) Confiscation of the wildlife imported under the permit.

Section 5. Unless otherwise protected by state or federal law, exotic wildlife shall not:
(1) Be classed as protected wildlife; and
(2) Require a permit from the department for possession.

Section 6. The following classes of animals shall not be considered wildlife and shall not require permits from the department for importation or possession:
(1) Breeds and varieties of goats derived from the wild goat or bezoar (Capra aegagrus);
(2) Domestic swine, except free-living or feral wild boars or wild swine;
(3) Llama (Lama glama);
(4) Alpaca (Lama pacos);
(5) Domestic Yak (Bos grunniens);
(6) Camels (Camelus bactrianus and Camelus dromedarius);
(7) Hamsters (Mesocricetus spp.);
(8) 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;

Section 7. The provisions of this administrative regulation shall not be enforced until after January 1, 1998.

Section 8. Incorporation by Reference.
(1) Application for Transportation Permit, (1997), Department of Fish and Wildlife Resources, is incorporated by reference.
(2) It may be inspected, copied, or obtained at the
Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Game Farm Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (24 Ky.R. 427; Am. 869; eff. 10-8-97.)

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