301 KAR 2:095. Importation of cervid carcasses and parts

      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.)

Notation

      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.