TOURISM, ARTS AND HERITAGE CABINET

Department of Fish and Wildlife Resources

(Amendment)

 

††††† 301 KAR 3:120. Commercial nuisance wildlife control.

 

††††† RELATES TO: KRS [150.105,] 150.183, 150.275, 150.410

††††† STATUTORY AUTHORITY: KRS 150.025(1)(h), 150.105, 150.275

††††† 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.[150.275 authorizes the department to issue permits to qualified persons to take and transport wildlife at any time for commercial nuisance wildlife control, and] 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, or 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[permit wildlife causing damage to be destroyed or controlled by any means he deems necessary]. This administrative regulation establishes the requirements for commercial nuisance wildlife control[Commercial Nuisance Wildlife Control] permits, and nuisance wildlife control operators[the conditions under which the permits shall be used].

 

††††† Section 1. Definitions. (1) "Commercial purposes" means taking nuisance wildlife in exchange for payment, barter or trade.

††††† (2) "Enhanced rabies surveillance area" 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 and the Bald Eagle Protection Act.

††††† (4)[(3)] "Nuisance wildlife" means vertebrate wildlife that causes or may cause damage or threat to agriculture, human health or safety, property or natural resources.

††††† (5)[(4)] "Nuisance wildlife control operator[Wildlife Control Operator]" means the holder of a valid permit, issued by the department, which authorizes[authorizing] the taking of nuisance wildlife for commercial purposes.

††††† (6)[(5)] "NWCO" means a nuisance wildlife control operator[Nuisance Wildlife Control Operator] as defined in this administrative regulation.

††††† (7)[(6)] "Permit" means the nuisance wildlife control operatorís[Nuisance Wildlife Control Operatorís] 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)[(7)] "Rural area" 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.

 

††††† Section 2. NWCO Permit. (1) A person shall apply for a NWCO[Nuisance Wildlife Control Operator] permit on a form provided by the department.

††††† (2) The department shall not grant a permit to a person:

††††† (a) Less than eighteen (18) years old;

††††† (b) Who has been convicted of a violation of KRS Chapter 150 or the administrative regulations promulgated under its authority within one (1) year of the date of application; or

††††† (c) Who fails to achieve a score of seventy (70) percent or better on an examination administered by the department.

††††† (3) Nothing in this subsection shall prohibit persons under eighteen (18) years old from assisting a NWCO.

††††† (4) A person may appeal the denial of a permit for a violation of KRS Chapter 150 or the administrative regulations adopted under its authority by following the procedures established in Section 7 of this administrative regulation.

††††† (5) A NWCO shall have his or her permit in his or her possession at all times when taking or transporting wildlife.

††††† (6) The NWCO permit shall be valid from March 1 through the last day of February.

 

††††† Section 3. Reporting Requirements. (1) A NWCO[An operator] shall file an annual activity report with the department between March 1 and March 30 of each year.

††††† (2) The annual activity report shall be filed:

††††† (a) On a form:

††††† 1. Provided by the department, or

††††† 2. Photocopied from the department form.

††††† (b) The form shall contain the [following] information regarding the activity for the period from March 1 of the previous year through the last day of February of the current year.

††††† (3) The department shall not renew the permit of an operator who does not:

††††† (a) Submit the annual activity report as required by this section; or

††††† (b) Does not provide the information required by the annual activity report form.

††††† (4) Report documents shall be made available to department[KDFWR Wildlife and Boating Officers or Division of Wildlife] staff upon request [and reasonable notice].

 

††††† Section 4. Restrictions on Taking Wildlife. (1) A NWCO shall not:

††††† (a) Take federally-protected wildlife unless the NWCO[he] has a valid permit issued by the U. S. Fish and Wildlife Service;

††††† (b) Take the[following] species established in subparagraphs 1. through 5. unless authorized by the commissioner:

††††† 1. Copperbelly water snake (Nerodia erythrogaster neglecta);

††††† 2. White-tailed[White-tail] deer (Odocoileus virginianus);

††††† 3. Elk (Cervus canadensis);

††††† 4. Black bear (Ursus americanus); or

††††† 5. Wild turkey (Meleagris gallopavo); or

††††† (c) Use lethal capture methods to take bats.

††††† (2) A NWCO may take other nuisance wildlife year-round using lethal or nonlethal capture methods, provided the NWCO[he] has written or oral authorization from the person requesting control.

 

††††† Section 5. Methods of taking nuisance wildlife. (1) A NWCO using traps shall comply with[adhere to the provisions of]:

††††† (a) KRS 150.410; and

††††† (b) The trapping requirements in[Section 10(2)(b) of] 301 KAR 2:251.

††††† (2) A NWCO using a gun shall provide proof of completion of the Kentucky Hunter Education Program or a course offered by another jurisdiction that meets the course standards set by the International Hunter Education Association.

 

††††† Section 6. Disposal of captured animals. (1) A NWCO[Unless the permit specifies that certain species shall be euthanized, an operator] may euthanize or release captured wildlife, except that a NWCO shall:

††††† (a) Euthanize any rabies vector species captured within the enhanced rabies surveillance area before being moved; and

††††† (b) Shall not transport a rabies vector species into or out of the enhanced rabies surveillance area.

††††† (2) Acceptable methods of euthanizing wildlife shall include:

††††† (a) Captive bolt[, gunshot, drowning (only for animals trapped in water sets), cervical dislocation and thoracic compression (for small mammals and birds), and mechanical stunning (stunning shall be followed immediately by a method that ensures death)];

††††† (b) Gunshot;

††††† (c) Drowning, for wildlife trapped in water sets, pursuant to 301 KAR 2:251;

††††† (d) Cervical dislocation or thoracic compression for small mammals and birds;

††††† (e) Mechanical stunning, if followed immediately by an acceptable euthanasia method;

††††† (f) Inhalants, including halothane, isoflurane, carbon monoxide, and carbon dioxide;

††††† (g)[(c)] Noninhalants including Secobarbital/dibucaine; or[and]

††††† (h)[(d)] Commercially-available agents for striped skunks, in accordance with manufacturerís specifications.

††††† (3) The department may, upon issuing a permit, specify that certain species shall be euthanized.

††††† (a) The requirement that a species be euthanized may apply statewide or to certain geographical regions.

††††† (b) If the requirement that a species be euthanized is made to apply:

††††† 1. Statewide, all permits issued in that permit year shall contain the same requirement[specification]; or

††††† 2. To a limited geographical area, all permits issued in that area shall contain the same requirement[specification].

††††† (4) A NWCO shall:

††††† (a) Euthanize wildlife that shows obvious symptoms of disease or injury.

††††† (b) Transport wildlife for release in a safe manner that minimizes stress to the animal.

††††† (c) Not release wildlife:

††††† 1. Except in a rural habitat suitable for the particular species; and

††††† 2. Without the written permission of:

††††† a. The private landowner of at least 100 contiguous acres;

††††† b. The private landowners of contiguous properties totaling at least 100 acres; or

††††† c. The agency responsible for management of public land totaling at least 300 acres; or

††††† (d) Dispose of all wildlife carcasses by:

††††† 1. Complete incineration of the entire carcass and all of its parts and products;

††††† 2. Placing[Disposition of] the carcass in a contained landfill approved pursuant to KRS Chapter 224;

††††† 3. Burying the carcass and all its parts and products in the earth:

††††† a. In a location that[at a point which] is never covered with the overflow of ponds or streams;

††††† b.[and which is] Not less than 100 feet[distant] from any watercourse, sinkhole, well, spring, public highway, residence, or stable; and

††††† c.[. The carcass shall be placed in an opening in the earth] At least one (1) foot deep and covered with one (1) foot of earth; or[.]

††††† 4. Removal of the carcass by a duly-licensed rendering establishment; and[; or

††††† 5. Any other proven method of disposal with the prior approval of the department.]

††††† (e) Not hold wildlife for more than forty-eight (48) hours except as otherwise provided by administrative regulations promulgated by the department.

††††† (5) A permitted NWCO wishing to sell the pelts of furbearers taken during the statewide furbearer hunting and trapping season shall also possess a valid trapping license or hunting license, if applicable.

 

††††† Section 7. Permit revocation, appeal process. (1) The department shall[may] revoke without refund the permit of a nuisance wildlife control operator who:

††††† (a) Is convicted of a violation of a federal fish and wildlife law, a Kentucky fish and wildlife law, including KRS Chapter 150 or Title 301 KAR, or another stateís fish and wildlife law; or

††††† (b) Knowingly provides false information on:

††††† 1. The application for a permit, or

††††† 2. The Annual Activity Report.

††††† (2) An individual whose permit has been revoked shall be ineligible to apply for another Nuisance Wildlife Control Operator Permit or be an assistant on another Nuisance Wildlife Control Operator Permit for a period of three (3) years.

††††† (3) An individual whose permit has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

 

††††† Section 8. Items incorporated by reference. (1) The following material is incorporated by reference:

††††† (a) "NWCO Application," edition August 2004; and

††††† (b) "NWCO Annual Activity Report Form," edition August 2004;

††††† (2) The material may be inspected, copied, or obtained subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Game Farm Road, Frankfort, Kentucky, Monday through Friday from 8 a.m. to 4:30 p.m.

 

GREGORY K. JOHNSON, Commissioner

DON PARKINSON, Secretary

††††† APPROVED BY AGENCY: October 12, 2017

††††† FILED WITH LRC: October 13, 2017 at 9 a.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 28, 2017 at 11:00 a.m. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Sportsmanís Lane, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by five business days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation through November 30, 2017. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

††††† CONTACT PERSON: Mark Cramer, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov.

 

REGULATORY IMPACT ANALYSIS\ AND TIERING STATEMENT

 

Contact Person: Mark Cramer

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes the requirements for commercial nuisance wildlife control permits and nuisance wildlife control operators.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to provide reasonable standards for those who are licensed nuisance wildlife control operators.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: 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, or 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.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation establishes the requirements for commercial nuisance wildlife control permits and nuisance wildlife control operators.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: These amendments will define rabies vector species, define the enhanced rabies surveillance area, and require rabies vector species to be euthanized when captured within the enhanced rabies surveillance area by a nuisance wildlife control operator. This amendment will also prohibit the transportation of rabies vector species into and out of the enhanced rabies surveillance area.

††††† (b) The necessity of the amendment to this administrative regulation: Raccoon-variant rabies was detected in Virginia, approximately 9 miles from the Kentucky border, in May of 2017. These amendments will further reduce the opportunity for the disease to enter the Commonwealth by placing added restrictions on the handling and transportation of those animals defined as rabies vector species.

††††† (c) How the amendment conforms to the content of the authorizing statutes: See (1)(c) above.

††††† (d) How the amendment will assist in the effective administration of the statutes: See (1)(d) above.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Currently, there are 134 nuisance wildlife control operators licensed to work in the state of Kentucky. These amendments will only affect those operating within the enhanced rabies surveillance area. Through a recent survey of nuisance wildlife control operators, we estimate that less than ten will be impacted by this regulatory amendment.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Nuisance wildlife control operators will now have to euthanize any rabies vector species they trap or bring under their control within the enhanced rabies surveillance area. Additionally, rabies vector species will be prohibited from being moved into or out of the enhanced rabies surveillance area.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Nuisance wildlife control operators will not incur any costs associated with the amendment.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Compliance with these amendments will greatly reduce the opportunity for raccoon-variant rabies to enter the state. State and local governments will shoulder the true cost of rabies control and prevention in the state. All Kentuckians will benefit from this preventative measure.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

††††† (a) Initially: There will be no administrative cost to the department to implement this administrative regulation.

††††† (b) On a continuing basis: There will be no cost to the department on a continuing basis.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The source of funding is the State Game and Fish Fund.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment. It will not be necessary to increase any other fees or to increase funding to implement this administrative regulation.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No fees are established directly or indirectly.

††††† (9) TIERING: Is tiering applied? No. All nuisance wildlife control operators must comply with the same requirements.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department of Fish and Wildlife Resources Divisions of Wildlife and Law Enforcement will be impacted by this administrative regulation.

††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. 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 and person to destroy or bring under control any wild animal, fish, or wild birds, protected or unprotected, which are causing damage to persons, property, or 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.

††††† (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No revenue is expected to be generated by this administrative regulation during the first year.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No revenue will be generated for subsequent years.

††††† (c) How much will it cost to administer this program for the first year? There will be no administrative cost to administer this program for the first year.

††††† (d) How much will it cost to administer this program for subsequent years? There will be no administrative costs incurred in subsequent years.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-): None

††††† Expenditures (+/-): None

††††† Other Explanation: