301 KAR 2:095. Importation of cervid

carcasses and parts.

 

      RELATES TO: KRS 150.180, 150.280, 150.290

      STATUTORY AUTHORITY: KRS 150.025(1),

150.720(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

150.025 authorizes the department to promulgate administrative regulations reasonably necessary to

carry out the purposes of KRS Chapter 150. KRS 150.720(2) authorizes the

department and the Department of Agriculture to hold a person responsible for

all costs incurred in the investigation, response, and eradication of a disease

if the person imports a diseased animal into the Commonwealth. This

administrative regulation establishes procedures for the importation and

possession of whole cervid carcasses or carcass parts from states that have

known cases of chronic wasting disease.

 

      Section 1. Definitions. (1)

"Cervid" means a member of the family Cervidae.

      (2) "Chronic wasting disease"

or "CWD" means a fatal disease affecting the brain of cervids which

belongs to a group of diseases called transmissible spongiform encephalopathies.

      (3) "Clean" means having no

meat matter or tissue attached to the carcass part.

      (4) "Importation" means the

transportation of a cervid carcass or carcass part into the Commonwealth.

      (5) "Infected state" means a

state that has a known case of chronic wasting disease.

      (6) "Whole" means the entire

carcass whether eviscerated or not, prior to the carcass being processed.

 

      Section 2. Importation and Possession.

(1) A person shall not import or possess a whole cervid carcass or carcass part

from an infected state without first converting the carcass or part, pursuant

to subsection (2) and (3) of this section.

      (2) A person may import a cervid carcass

or a carcass part from an infected state if the carcass or carcass part does

not have any part of the spinal column or head attached;

      (3) A person may possess the following

inedible parts of a cervid carcass lawfully taken from an infected state:

      (a) Antlers;

      (b) Antlers that are attached to a clean

skull plate;

      (c) A clean skull;

      (d) Clean upper canine teeth;

      (e) A finished taxidermy product; or

      (f) The hide.

      (4) A licensed taxidermist may accept a

cervid head with an intact skull originating from an infected state if the

taxidermist:

      (a) Contacts the department within

forty-eight (48) hours after receiving the cervid head;

      (b) Provides to the department the

hunter’s name and address; and

      (c) Transfers the skull with the intact

brain to the department once the skull plate has been removed. (29 Ky.R. 3001;

eff. 8-13-03; 37 Ky.R. 2682; eff. 8-4-2011.)