301 KAR 4:095. Buying and selling mounted wildlife specimens

      Section 1. Definitions. (1) "Deer" means Odocoileus virginianus.

      (2) "Elk" means Cervus elaphus nelsoni.

      (3) "Wild turkey" means Meleagris gallopavo sylvestris.

 

      Section 2. (1) A mounted wildlife specimen purchased from or sold to a licensed taxidermist pursuant to KRS 150.4111 shall be exempt from the requirements of this administrative regulation.

      (2) A mounted wildlife specimen may be bought or sold by any person or entity, except as prohibited by federal law.

      (3) A nonprofit charitable, religious, or educational institution, which has qualified for exemption pursuant to 26 U.S.C. 501(c)(3) may sell mounted wildlife specimens if the mounts have been donated, except as prohibited by federal law.

      (4) Prior to selling a mounted wildlife specimen of a species established in paragraphs (a) through (e) of this subsection, any person or entity established in subsection (2) or (3) of this section shall first obtain a registration number from the department for each mounted specimen of:

      (a) Black bear;

      (b) Bobcat;

      (c) Deer;

      (d) Elk; or

      (e) Wild turkey.

      (5) Each person or entity established in subsection (2) or (3) of this section shall obtain a registration number for each specimen of the species established in subsection (4) of this section by completing the online registration process on the department’s Web site at fw.ky.gov.

      (6) Prior to selling a mounted wildlife specimen of a species established in subsection (4) of this section, a person or entity established in subsection (2) or (3) of this section shall affix the registration number to the mount in a clear and legible manner.

      (7) A department registration number shall be required for each sale of a mounted wildlife specimen established in subsection (4) of this section. (40 Ky.R. 902; 1252; eff. 1-3-2014.)

Notation

      RELATES TO: KRS 150.010, 150.180, 150.411, 26 U.S.C. 501(c)(3)

      STATUTORY AUTHORITY: KRS 150.025(1)(c), 150.4111(1), 150.4112, 150.4113

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(c) authorizes the department to promulgate administrative regulations establishing requirements for buying, selling, or transporting wildlife. KRS 150.4111 authorizes licensed taxidermists to buy and sell legally taken inedible wildlife parts for the purpose of mounting. KRS 150.4112 authorizes the department to promulgate administrative regulations which allow resident nonprofit 26 U.S.C. 501(c)(3) institutions to sell donated mounted wildlife specimens and to provide a means by which each transaction is recorded for certain wildlife mounts. KRS 150.4113 authorizes the department to promulgate administrative regulations to allow the sale and purchase of mounted wildlife specimens and to provide a means by which each transaction is recorded for certain wildlife mounts. This administrative regulation establishes the requirements for the buying and selling of mounted wildlife specimens.