301 KAR 2:084. Importation of game birds.

      RELATES TO: KRS 150.280, 150.290

      STATUTORY AUTHORITY: KRS 150.025(1), 150.180(6)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.780 authorizes the department to promulgate administrative regulations governing the holding of protected wildlife. KRS 150.180(6) requires a person transporting live wildlife into Kentucky to obtain a permit from the department. This administrative regulation establishes the procedure for obtaining a transportation permit for the importation of certain game birds species into Kentucky to prevent the introduction and spread of the avian influenza virus into Kentucky.

      Section 1. Definition. "Game birds" means turkeys, quail, pheasant, chukars, grouse, waterfowl or other avian species normally imported for propagation or for the purpose of hunting, shooting, training or field trial activities.

      Section 2. Importation of Game Birds. (1) Before any live game bird is imported into Kentucky, the person importing the bird or birds shall obtain a transportation permit from the department.

      (2) Transportation permits shall not be required for the importation of any live game bird by facilities that are accredited by the American Zoo and Aquarium Association.

      Section 3. Applying for Permits. (1) All applications for importation or transportation permits shall be made on the Standard Department of Transportation Permit Application.

      (2) The applicant shall indicate the source of supply of the wildlife.

      (3) The applicant shall also provide documentation that the shipment is in compliance with the Department of Agriculture’s avian influenza health requirements found in 302 KAR 20:020, 302 KAR 20:040, and 302 KAR 20:250.

      Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "The Commercial and Noncommercial Captive Wildlife Permit Application, January 2006 edition";

      (b) "The Annual Transportation Permit Application, January 2006 edition"; and

      (c) "The Individual Transportation Permit Application, January 2006 edition".

      (2) The document may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, from 8 a.m. to 4:30 p.m., Monday through Friday. (29 Ky.R. 1165; Am. 1533; eff. 12-18-2002; 33 Ky.R. 2368; 3164; eff. 5-4-07.)