301 Ky. Admin. Regs. 4:110
Current through Register Vol. 51, No. 5, November 1, 2024
Section 301 KAR 4:110 - Administration of drugs to wildlifeRELATES TO: KRS 150.015, 150.025, 150.061, 150.105, 150.275, 150.280
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1) authorizes the department to promulgate administrative regulations to regulate any method of taking wildlife and any other administrative regulation reasonably necessary to implement or carry out the purposes of KRS Chapter 150. This administrative regulation prohibits the administration of drugs to wildlife and creates the necessary exceptions.
Section 1. Definitions.(1) "Captive wildlife": (a) Means wildlife kept in confinement, for any time period, by cage, enclosure, fence, or other structure or restraint intended to prevent escape; and(2) "Drug" means any chemical substance, other than food or mineral supplements, that affects the health, structure, or normal biological functions of any wildlife.(3) "Noncaptive wildlife":(a) Means wildlife living unrestrained in the wild and not kept in confinement, for any time period, by cage, enclosure, fence, or other structure or restraint intended to prevent escape; andSection 2. Commissioner Authorization for Administration of Drugs to Noncaptive Wildlife.(1) A person shall not administer drugs to noncaptive wildlife without written authorization from the commissioner pursuant to this section of this administrative regulation.(2) A party shall petition the commissioner in writing for authorization to administer drugs to noncaptive wildlife. Written petitions shall include: (a) A biological or sociological justification for the need to administer a drug to noncaptive wildlife;(b) A literature review of the known and potential effects of the drug on individual animals, the wildlife population, and potential consumers of wildlife; and(c) A detailed plan and timeline for administration of the drugs, including anesthetic monitoring plans and withdrawal time data for species and potential human consumption risk.(3) The commissioner may issue a waiver for the petition requirement for authorization to administer drugs to noncaptive wildlife for specific situations involving: (b) Wildlife disease outbreaks or biological or chemical emergencies or events.(4) This section shall not apply to state or federal wildlife agencies' personnel in the performance of their official duties.Section 3. Administration of Drugs to Captive Wildlife. This administrative regulation shall allow the administration of drugs for: (1) Legally possessed captive wildlife under the direction of a licensed Kentucky veterinarian in which a veterinarian-client-patient relationship is established pursuant to KRS 321.185; or(2) The treatment of sick or injured captive wildlife by either: (a) A licensed veterinarian treating: 1. Non-commercial captive cervids as identified in 301 KAR 2:083; or2. Critically ill or injured wildlife pursuant to 301 KAR 2:075; or(b) A holder of a valid wildlife rehabilitation permit in a wildlife rehabilitation facility under the direction of a licensed Kentucky veterinarian in which a veterinarian-client-patient relationship is established pursuant to KRS 321.185 and 301 KAR 2:075;(3) A holder of a valid commercial nuisance wildlife control operatorpermit using dispatch methods established in 301 KAR 3:120; or(4) Employees of federal or state government in the performance of their official duties related to public health, wildlife management, or wildlife removal.Section 4. Disposition of Wildlife. An officer of the department may take possession or dispose of any noncaptive wildlife if the officer has probable cause to believe the noncaptive wildlife have been administered drugs in violation of this administrative regulation.35 Ky.R. 1100; 1452; eff. 1-5-2009; Certified to be amended, filing deadline 8-5-2021; 48 Ky.R. 908, 2969; eff. 6/9/2022; 49 Ky.R. 1822, 2284; eff. 6/8/2023.STATUTORY AUTHORITY: KRS 150.025(1)(h), 150.061(4)