301 KAR 2:083. Holding and intrastate transportation of captive cervids.

 

      RELATES TO: KRS 150.025, 150.280, 150.290, 150.725, 150.730, 150.735, 150.740

      STATUTORY AUTHORITY: KRS 150.025, 150.280, 150.720

      NECESSITY, FUNCTION AND CONFORMITY: KRS 150.025 authorizes the department to regulate the buying, selling, or transportation of wildlife. KRS 150.280 authorizes the department to promulgate administrative regulations relating to propagating and holding of wildlife. KRS 150.720 authorizes the department to promulgate administrative regulations pertaining to the importation and holding of cervids, including privately-owned and farm-raised cervids. KRS 150.730 authorizes the department to issue or deny permits to hold captive cervids. KRS 150.735 authorizes the department to promulgate administrative regulations relating to the expansion of captive cervid facilities and the transfer of permits. This administrative regulation establishes the requirements for holding and intrastate transporting cervids in Kentucky.

 

      Section 1. Definitions. (1) "Captive cervid permit" means a permit issued by the Kentucky Department of Fish and Wildlife Resources that is required to hold cervids in captivity and does not include shooting preserves as permitted under 301 KAR 2:041.

      (2) "Cervid" means a member of the family Cervidae.

      (3) "Commercial captive cervid permit" means a permit for propagation and taking of captive cervids by any legal hunting or slaughter methods, which allows the permit holder to sell, offer to sell, trade, or barter captive cervids, parts thereof, or products produced by captive cervids.

      (4) "Flop tag" means a commercial plastic ear tag used to identify livestock.

      (5) "KDFWR" means the Kentucky Department of Fish and Wildlife Resources.

      (6) "Line post" means a post in a fence that is not a corner or end post.

      (7) "Noncommercial captive cervid permit" means a permit to possess captive cervids that are not intended for sale, offered for sale, traded, or bartered.

 

      Section 2. Fencing and Holding Requirements. (1)(a) An exterior fence shall be at least eight (8) feet above ground level for its entire length, and consist of twelve and one-half (12 1/2) gauge woven wire, fourteen and one-half (14 1/2) gauge high-tensile woven wire, wood planks, or chain link.

      (b) A single or double strand of barbed wire strung across the top to bring the total fence height to eight (8) feet shall be acceptable.

      (c) Strands of barbed wire shall not be more than six (6) inches apart and shall not be more than five (5) inches from the top of the aforementioned fencing.

      (d) Spacing between vertical wires shall not exceed six and one-half (6 1/2) inches for captive deer or species whose adult size is less than 400 pounds and twelve (12) inches for captive elk or species whose adult size is 400 pounds or more.

      (e) If two (2) woven wire fences are combined, one (1) above the other, the woven wire fences shall be overlapped at least six (6) inches and firmly attached to each other at intervals no greater than three (3) feet.

      (f) The fence bottoms shall be installed to provide not more than three (3) inches of ground clearance.

      (2) Right-of-way.

      (a) The fence right-of-way shall be cleared for a distance of six               (6) feet on each side.

      (b) If the fence is a property boundary fence, the fence right-of-way shall be cleared for a distance of six (6) feet on the inside only.

      (c) If dead timber with a height greater than the distance of the fence exists on the permittee’s property, it shall be felled.

      (3)(a) Fence posts shall extend a minimum of eight (8) feet above the ground and shall be of sufficient strength to maintain the fence integrity.

      (b) Pine wood posts shall be treated.

      (c) Posts shall be set to a minimum depth of three (3) feet.

      (d) T-posts shall be installed according to manufacturers’ specifications.

      (4) Line posts.

      (a) Wooden line posts shall be a minimum of four (4) inches in diameter and shall not be spaced more than twenty-four (24) feet apart.

      (b) Steel pipeline posts shall:

      1. Be a minimum of two and three-eighths (2 3/8) inches in outside diameter;

      2. Weigh a minimum of three (3) pounds per foot; and

      3. Not be spaced more than twenty-four (24) feet apart.

      (c) Metal "T" posts shall be a minimum of one and one-quarter (1.25) pounds per foot and shall be spaced no more than twenty (20) feet apart.

      (d) If the woven wire is not high tensile, there shall be a wooden or steel pipe post every sixty (60) feet.

      (5) Corner and end posts.

      (a) Wooden corner and end posts shall be a minimum of five (5) inches in diameter.

      (b) Steel pipe corner and end posts shall be a minimum of two and seven-eighths (2 7/8) inches in outside diameter.

      (c) Corner and end posts of other materials shall be of sufficient strength to maintain the fence integrity and shall be approved by the department prior to installation.

      (6) Gates shall be:

      (a) Substantially constructed to meet the specifications of the fence; and

      (b) Equipped with at least one (1) latching and one (1) locking device.

      (7)(a) Swinging water gaps and stream crossings shall be constructed to equal or exceed the standards of the fence.

      (b) These crossings shall be adequate to prevent ingress and egress during high water.

      (c) Permissible water gaps are as follows:

      1. Swinging gates constructed to match the contour of the stream supported by cable or hinge (larger water gaps);

      2. Pipe with swinging barrier (larger water gaps);

      3. Pipe with fixed mesh barrier (smaller water gaps); and

      4. Heavy gauge woven barrier contoured to fit the gap (smaller water gaps).

      (8) If topographic, natural or other conditions exist that enable cervids to pass through, under, or over the fence, the permittee shall be required to supplement the fence with additional, stronger or higher fence posts, special grading, additional wire to increase fence height or other measures to prevent escape.

      (9) Maintenance. The fence shall be maintained in a game-proof condition at all times.

 

      Section 3. Capture and Handling Facilities. (1) Each captive facility shall have an approved handling facility or device, such as a squeeze chute or crush, which facilitates inspection, handling or capture of an individual animal.

      (2) If a permittee’s facility does not have the handling or capture facilities listed in subsection (1) of this section, alternatives such as dart guns, tranquilizers or other devices which immobilize an animal shall be approved by the department before being used.

 

      Section 4. Tagging. (1) Captive cervids shall be identified in accordance with the Kentucky Department of Agriculture CWD program requirements established in 302 KAR 20:066.

      (2) Captive cervids over six (6) months old shall be uniquely identified with a plastic "flop" tag in at least one (1) ear that is clearly visible and identifiable.

      (3) KDFWR may approve alternatives for plastic "flop" tags for bona fide zoos, nature centers, or similar educational institutions upon written request. One (1) of the following may be substituted for ear tags or other approved forms of identification:

      (a) Lip or ear tattoo;

      (b) Microchip; or

      (c) Branding.

 

      Section 5. Ingress and Egress. (1) The permit holder shall be responsible for immediately capturing or destroying escaped animals upon discovering their escape.

      (2) If the permit holder is unable to capture an escaped animal within forty-eight (48) hours from discovering its escape, the permit holder shall report each escape to KDFWR by telephone (1-800-858-1549).

      (3) The permit holder shall then file a written report (KDFWR, #1 Sportsman’s Lane, Frankfort, Kentucky 40601, ATTN: Captive Cervid Permits) within ten (10) days, describing what escaped and the reason for the escape.

      (4) The permit holder shall also report known ingress of wild cervids into the enclosure by filing a written report to KDFWR (KDFWR, #1 Sportsman’s Lane, Frankfort, Kentucky 40601, ATTN: Captive Cervid Permits).

      (5) The department or any peace officer may seize, capture, or destroy escaped animals or those that have ingressed if necessary.

 

      Section 6. Space Requirements. (1) For species whose adult weight is less than 400 pounds, each individual animal shall be allowed at least 1,000 square feet of space.

      (2) One (1) individual animal of a species whose adult weight is 400 pounds or more, shall require at least 1,500 square feet of space, with each additional animal requiring an additional 1,000 square feet of space.

 

      Section 7. Prohibited Species. Except for cervids legally held prior to November 12, 2002, a captive cervid permit shall not be issued for the following:

      (1) Genus Cervus spp. except Cervus elaphus nelsoni;

      (2) Genus Axis spp.;

      (3) Roe deer (Capreolus capreolus and Capreolus pygarus); or

      (4) Hybrids thereof.

 

      Section 8. Captive Cervid Permits. (1) Permit application and issuance. An application for a new or renewed captive cervid permit shall be processed in accordance with the provisions of KRS 150.730(2) A captive cervid permit shall be valid only for the property and facility identified in the application and that is inspected as provided in Subsection (4) of this Section. A cervid shall not be moved into a new or expanded facility until the facility has been issued a captive cervid permit by the KDFWR.

      (a) Zoos and other facilities fully accredited by and in good standing with the American Zoo and Aquarium Association (AZA) shall not be required to obtain or renew a KDFWR captive cervid permit. Zoos and facilities certified but not accredited by the AZA shall be required to obtain and renew a KDFWR captive cervid permit.

      (b) A commercial captive cervid permit shall be required for a facility owned or leased by persons wishing to sell, offer to sell, trade, or barter captive cervids. A person shall not sell, offer to sell, trade, or barter native cervids obtained from the wild.

      (c) A noncommercial captive cervid permit shall be required for a person wishing to possess captive cervids, but who do not intend to sell, offer for sale, trade, or barter cervids.

      (d) All wild cervids shall be removed from the facility prior to initial inspection.

      (e) A permit shall identify the species of cervids being held.

      (2) Duration.

      (a) A commercial captive cervid permit shall be valid for one (1) year beginning March 1 through the last day of February, and may be renewed annually upon payment of the annual fee and proof of compliance with all applicable statutes and administrative regulations.

      (b) A noncommercial captive cervid permit shall be valid for three (3) years beginning March 1 through the last day of February, and may be renewed every third year upon payment of the fee and proof of compliance with all applicable statutes and administrative regulations.

      (3) Transfers. A captive cervid permit may be transferred if an existing and currently permitted facility is sold or leased to a person or entity who shall maintain and operate the facility in accordance with the provisions of KRS 150.735(3).

      (a) The original captive cervid permit holder who is transferring the permit shall be compliant with all provisions of this administrative regulation prior to transfer.

      (b) Prior to transfer of the permit to a new owner or lessee, the facility shall be inspected for compliance as provided by subsection (4) of this section.

      (c) The purchaser or lessee of the facility shall apply for transfer of the existing captive cervid permit on a KDFWR captive cervid permit transfer application form. A copy of the deed indicating change of ownership or the lease agreement between the parties conducting the transfer shall be attached to a completed transfer application form and sent to KDFWR, #1 Sportsman’s Lane, Frankfort, Kentucky 40601, ATTN: Captive Cervid Permits within thirty (30) days after the inspection.

      (d) A transferred captive cervid permit may be renewed by the new owner or lessee completing a captive cervid permit application.

      (4) Inspections.

      (a) Before a captive cervid permit is issued, renewed or transferred, each facility or facility expansion shall pass an inspection that certifies it is in compliance with all applicable statutes and administrative regulations.

      (b) Upon completion of a facility or facility expansion, or if a facility is to be sold or otherwise transferred, the permit applicant or holder shall notify KDFWR to request an inspection which shall be conducted within thirty (30) days of receipt of the request.

      (c) Each facility shall be inspected annually after issuance of a captive cervid permit to certify and document that the facility is in compliance with this administrative regulation.

      (d) A captive cervid facility inspection form shall be completed by a KDFWR law enforcement captain, who shall then forward the original copy to KDFWR Headquarters for processing.

      (5) Revocation or suspension. A person identified by a KDFWR law enforcement officer as being in violation of a Kentucky statute or administrative regulation pertaining to the holding of captive cervids shall be issued a notice of violation, in the form of a certified letter from the commissioner. A person receiving a notice of violation shall have his or her permit suspended, until which time he or she comes into compliance with all applicable statutes and administrative regulations. Failure to come into compliance with all applicable statutes and administrative regulations within sixty (60) days from the date the notice of violation is received shall result in a citation being issued. If convicted, his or her permit may be revoked and may cause the captive cervids to be immediately seized by the department. A person whose captive cervid permit is suspended or revoked shall not, without written approval from the department, transfer or expand the facility or sell, offer to sell, trade, transport, hunt or slaughter captive cervids which are housed in that facility.

      (6) Appeal procedures. An individual whose request for a permit has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

      (7) Expansions.

      (a) A facility may be expanded at any time and shall conform to the fencing specifications described in this administrative regulation.

      (b) Facility expansions shall be adjacent and connected to the currently permitted facility.

      (c) Cervids shall not be introduced into the expanded portion of a facility until that expansion has been inspected and approved by the Department as provided in subsection (4) of this section.

 

      Section 9. Origin and Disposition of Captive Cervids. (1) Cervids obtained from the wild shall only be held by a wildlife rehabilitator permitted pursuant to 301 KAR 2:075.

      (2) Captive cervids shall not be released into the wild except for wild-born cervids released by a permitted wildlife rehabilitator pursuant to 301 KAR 2:075.

      (3) Wild-born cervids held in captivity for rehabilitation purposes shall not:

      (a) Be housed in the same pen or otherwise housed in direct physical contact with cervids that were born in captivity; or

      (b) Be housed in a pen that has ever housed cervids that were born in captivity.

 

      Section 10. Intrastate Movement of Cervids. (1) Before a person may move a captive cervid within the state, an authorization number shall be obtained from the Kentucky Department of Agriculture pursuant to 302 KAR 20:066.

      (2) A person transporting cervids shall have the authorization number issued by the Kentucky Department of Agriculture, and if applicable, the required health papers, in his or her possession while transporting cervids.

 

      Section 11. Selling Cervids. A permit holder who holds a commercial captive cervid permit may sell live cervids, parts thereof, or products produced by captive cervids, if those animals were not obtained from the wild in Kentucky.

 

      Section 12. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Captive Cervid Permit Application", 7/13/06 edition;

      (b) "Captive Cervid Permit Transfer Application", 7/13/06 edition; and

      (c) "Captive Cervid Facility Inspection Form", 7/13/06 edition.

                (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Department of Wildlife Resources, #1 Sportsman’s Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (29 Ky.R. 1162; Am. 1531; eff. 12-18-2002; 30 Ky.R. 407; 1305; 1505; eff. 1-5-04; 33 Ky.R. 882; 1294; eff. 11-8-06.)