301 Ky. Admin. Regs. 2:075

Current through Register Vol. 51, No. 4, October 1, 2024

Section 301 KAR 2:075 - Wildlife rehabilitation permit

RELATES TO: KRS 150.010, 150.015, 150.021, 150.170, 150.183, 150.195, 150.330, 150.990, 321.185, 50 C.F.R 17, 21, 22

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.025(1)(h) authorizes the Department of Fish and Wildlife Resources to promulgate administrative regulations reasonably necessary to implement or carry out the purposes of KRS Chapter 150. KRS 150.280 requires the department to promulgate administrative regulations regarding the holding of protected wildlife. This administrative regulation establishes the permitting and operating requirements for wildlife rehabilitators.

Section 1. Definitions.

(1) "Cervid" means deer, elk, moose, caribou, reindeer, and related species and hybrids thereof, including all members of the Cervidae family and hybrids thereof.

(2) "Chronic Wasting Disease" or "CWD" means a transmissible spongiform encephalopathy found in cervids.

(3) "CWD Surveillance Zone" means an area designated as being subject to special cervid regulations due to a CWD positive cervid detection.

(4) "Enhanced Rabies Surveillance Zone" 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.

(5) "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 or the Bald and Golden Eagle Protection Act.

(6) "Permit holder" means a wildlife rehabilitation permit holder.

(7) "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);

(g) Any hybrid of (a) through (f).

(8) "Wildlife rehabilitation" means the process of obtaining, rescuing, raising, providing supportive care, regularly transporting, and arranging for veterinary medical care of orphaned, sick, displaced, or injured wildlife with the goal of releasing the wildlife back into its natural habitat.

Section 2. Permitting Requirements.

(1) A permit authorizes a person to rehabilitate wildlife according to Section 1(8) of this administrative regulation.

(2) An applicant for a wildlife rehabilitation permit shall:

(a) Be at least eighteen (18) years of age;

(b) Submit a completed wildlife rehabilitation permit application;

(c) Provide the department with a valid email address;

(d) Submit:

1. Certificate of completion of the course entitled "Basic Wildlife Rehabilitation" offered by the International Wildlife Rehabilitation Council; or

2. Proof of a doctorate of veterinary medicine degree from an American Veterinary Medical Association (AVMA) accredited school.

(e) Submit the annual permit fee as established in 301 KAR 3:022.

Section 3. Reporting Requirements.

(1) A permit holder shall:

(a) Keep records of all wildlife received or rehabilitated on the Wildlife Rehabilitation Annual Report.

(b) Submit a Wildlife Rehabilitation Annual Report to the department within thirty (30) days after expiration of a permit and before a permit is renewed.

(c) Submit a Wildlife Rehabilitation Non-Releasable Wildlife Report, if applicable, to the Department within thirty (30) days after expiration of a permit and before a permit is renewed.

(2) The annual activity report shall contain the information regarding the activity for the period from December 1 of the previous year to November 30 of the current year.

(3) The department shall not renew the permit of a wildlife rehabilitator who does not:

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

(b) Provide the information required by the annual activity report form; or

(c) Submit the Non-Releasable Wildlife Report, if applicable;

(d) Provide report documents and all records of wildlife rehabilitation activity, including veterinary medical records, from the current and previous years' activity upon request to department staff.

Section 4. Receiving and Rehabilitating Wildlife.

(1) A permit holder shall not rehabilitate or attempt to rehabilitate:

(a) Cougar (Felis concolor);

(b) Wolf (Canis lupus or Canis rufus);

(c) Elk (Cervus elaphus);

(d) Bear (Ursus americanus);

(e) Any species of terrestrial wildlife not native to Kentucky; or

(f) Prohibited species listed in 301 KAR 2:082 Section 4.

(2) A permit holder shall not:

(a) Propagate non-releasable wildlife or wildlife undergoing rehabilitation.

(b) Allow non-permitted persons to rehabilitate, assist in wildlife rehabilitation, access, or have direct contact with wildlife undergoing rehabilitation, except for Section 10(1).

(c) Allow non-permitted persons to rehabilitate, assist in wildlife rehabilitation, access, or have direct contact with rabies vector species.

(d) Remove wildlife undergoing rehabilitation from the permitted facility except for release, veterinary care, or transfer to another permitted wildlife rehabilitation facility.

(e) Habituate wildlife to humans.

(f) Exhibit or display wildlife undergoing rehabilitation

(g) Transport wildlife across state lines for rehabilitation, release, or for any purpose, unless authorized by the commissioner upon the department's determination that rehabilitation services are not feasibly available within Kentucky and such activities pose minimal disease risk. Authorization shall not be granted for rabies vector species.

(h) Simultaneously hold captive wildlife under a captive wildlife permit, as established in 301 KAR 2:081, while holding wildlife under a wildlife rehabilitation permit.

(i) Simultaneously hold captive cervids under a captive cervid permit as established in 301 KAR 2:083, while holding wildlife under a wildlife rehabilitation permit.

(3) A permit holder shall only provide necessary supportive care to wildlife undergoing rehabilitation, which does not permanently diminish their ability to survive and reproduce naturally in the wild.

(4) Cervids

(a) Except as allowed in subsection (4)(c) and (d) of this section, a permit holder shall not rehabilitate or attempt to rehabilitate any cervid:

1. Within a CWD Surveillance Zone;

2. Originating from a CWD Surveillance Zone; or

3. From a distance greater than 100 miles from the rehabilitation facility.

(b) A permit holder shall not transport a cervid into or out of a CWD Surveillance Zone.

(c) A permit holder shall not keep cervids as non-releasable wildlife within a CWD Surveillance Zone, except that non-releasable cervids legally obtained before the establishment of a CWD Surveillance Zone may be kept for the life of the animal.

(d) A permit holder in possession of a cervid prior to the establishment of a CWD Surveillance Zone shall only keep the cervid up to 180 days or upon recovery from injury or illness and of suitable age to survive in the wild, whichever comes first, and shall release the cervid within the county of rehabilitation, unless the animal is euthanized or meets the criteria to be kept as non-releasable wildlife.

(e) A wild-born cervid held in captivity for rehabilitation purposes shall not be housed in:

1. The same pen as another captive cervid or housed in direct physical contact with a cervid that originated in captivity; or

2. A pen that has previously housed cervids that originated in captivity.

(5) Rabies vector species.

(a) A permit holder shall not possess, rehabilitate, or attempt to rehabilitate:

1. A rabies vector species originating from the Enhanced Rabies Surveillance Zone;

2. A rabies vector species inside the Enhanced Rabies Surveillance Zone that originated from outside the Enhanced Rabies Surveillance Zone; or

3. A rabies vector species if collected at a distance greater than 100 miles from the rehabilitation facility.

(b) A permit holder shall not transport a rabies vector species into or out of the Enhanced Rabies Surveillance Zone.

(c) A permit holder shall not possess a rabies vector species as non-releasable wildlife, except for those animals legally held outside the Enhanced Rabies Surveillance Zone prior to April 4, 2023.

(d) Except for Section 5(1)(e), rabies vector species shall be maintained within an enclosure sufficient to prevent:

1. Escape; and

2. Direct contact with non-permitted persons.

Section 5. Wildlife Release. A permit holder shall:

(1) Release wildlife immediately upon recovery from injury or illness and when of a suitable age to reasonably survive in the wild;

(2) Only keep wildlife in a rehabilitation facility for a maximum of 180 days, unless written documentation from the U.S. Fish and Wildlife Service is provided;

(3) Only release wildlife into appropriate habitat for that species;

(4) Obtain landowner permission before releasing wildlife;

(5) Release rabies vector species back into the original county of capture;

(6) Release reptiles and amphibians at the original point of capture or within the vicinity if point of capture is not suitable habitat; and

(7) Release cervids in the county in which they were rehabilitated.

Section 6. Non-releasable Wildlife.

(1) Wildlife may be considered non-releasable and may be retained by a permit holder if a licensed Kentucky veterinarian certifies in writing that it meets one (1) of the following criteria, except as prohibited under Section 4.

(a) Is a mammal with an amputated leg;

(b) Lacks adequate vision to function in the wild;

(c) Lacks locomotive skills necessary for survival in the wild; or

(d) Has another permanent injury that is reasonably expected to inhibit survival in the wild, not including habituation to humans.

(2) Rabies vector species that meet the criteria for non-releasable wildlife and legally held prior to April 4, 2023 may be allowed to remain in possession of a valid permit holder through the life of the animal by submitting a "Wildlife Rehabilitation Non-Releasable Wildlife Report" form by April 4, 2023.

(3) Rabies vector species legally held as non-releasable, shall not leave the wildlife rehabilitation facility except for veterinary care or transfer to another permitted rehabilitation facility and shall be included on the Wildlife Rehabilitation Annual Report.

(4) A person who legally possesses non-releasable rabies vector species shall not replace that wildlife after its death.

(5) Except for Section 5(1)(e), non-releasable rabies vector species shall be maintained within an enclosure sufficient to prevent:

(a) Escape; and

(b) Direct contact with non-permitted persons.

(6) Only non-releasable wildlife may be displayed, except that non-releasable rabies vector species shall not be displayed. Such displays shall only be for conservation education purposes.

(7) Non-releasable migratory birds may be transferred with prior approval from the issuing federal Migratory Bird Permit Office by providing the Department with a completed Migratory Bird and Eagle Acquisition and Transfer Request Form.

(8) All non-releasable wildlife shall be housed and maintained at a permitted wildlife rehabilitation facility.

Section 7. Facilities and Operating Standards.

(1) All wildlife rehabilitation facilities shall pass a facility inspection.

(2) An applicant's or permit holder's facility and property which the facility is located shall be inspected by a conservation officer using a Wildlife Rehabilitation Facility Inspection Checklist to document compliance with this administrative regulation before a permit is obtained or renewed.

(3) A permit holder shall allow any conservation officer, and all department staff accompanying a conservation officer, to access the wildlife rehabilitation facility and the property on which the wildlife rehabilitation facility is located at any reasonable time and frequency to carry out the purposes of this administrative regulation.

(4) A facility, and all methods of confinement, shall comply with the Minimum Standards for Wildlife Rehabilitation, as adopted by the National Wildlife Rehabilitation Association and the International Wildlife Rehabilitation Council.

(5) A permit holder shall only rehabilitate wildlife at a facility that has passed an annual facility inspection and shall list the addresses of all facilities on the Wildlife Rehabilitation Permit Application.

(6) A permit holder shall allow a conservation officer to inspect the holding facilities and property which the facilities are located, at any reasonable time and frequency.

(7) The conservation officer shall immediately notify the applicant or permit holder and the wildlife division director if the inspection reveals that the facility is not in compliance with this administrative regulation and shall provide a completed facility inspection checklist to the appropriate Wildlife Division personnel within three (3) business days.

(8) If an inspection determines that a facility is not in compliance with a statute or administrative regulation, the conservation officer shall make a second inspection after ten (10) calendar days, and the permit application shall be denied, or permit revoked and all wildlife confiscated immediately if the unsatisfactory conditions have not been corrected.

(9) If an applicant or permit holder refuses to allow a conservation officer to fully conduct an inspection, the permit application shall be denied, or permit revoked and all wildlife confiscated immediately.

Section 8. Rabies Exposure.

(1) If a mammal bites a person, or a mammal shows symptoms of a rabies infection, the animal shall be dispatched in a manner so as to preserve the brain intact and the animal's head shall be submitted for testing immediately to a laboratory approved by the Secretary for Health and Family Services to be tested for rabies, as established in 902 KAR 2:070 Section 5 and KRS 258.085 Section 1(c).

(2) Department staff shall confiscate and dispatch any wild mammal that bites a person or shows symptoms of a rabies infection.

Section 9. Veterinarians.

(1) A veterinarian is not required to obtain a wildlife rehabilitation permit to temporarily possess, stabilize, or euthanize sick and injured wildlife, only for the purpose of providing immediate critical care.

(2) A veterinarian that does not possess a valid wildlife rehabilitation permit shall transfer wildlife to a permitted wildlife rehabilitator according to the requirements of this regulation, within 24 hours after the animal's condition is stabilized and no longer requires critical care, unless wildlife is euthanized.

(3) A veterinarian that rehabilitates wildlife shall possess a valid wildlife rehabilitation permit.

(4) A permit holder shall follow veterinarian's medical instructions per KRS 321.185.

(5) A veterinarian shall keep medical records of all wildlife treated, in accordance with KRS Chapter 321 and 201 KAR Chapter 16 and provide records to Department staff upon request.

(6) Only a licensed veterinarian or licensed veterinarian technician shall perform euthanasia using AVMA approved non-inhaled chemical methods under KRS Chapter 321.

Section 10. Wildlife Possession.

(1) Any person who finds sick, injured, displaced, or orphaned wildlife may, without a permit, except for federally protected migratory birds within a nest per 50 C.F.R. 21.12(d) (10), take possession of the animal in order to immediately transport it to a permitted wildlife rehabilitator except that persons who regularly transport wildlife for rehabilitation purposes shall possess a valid wildlife rehabilitation permit.

(2) A wildlife rehabilitation permit does not confer ownership of any wildlife species held under a wildlife rehabilitation permit, including non-releasable wildlife.

(3) All wildlife held under this permit remain under the stewardship of the Department of Fish and Wildlife Resources, except that federally-protected wildlife remain under the stewardship of both the Department of Fish and Wildlife and the U.S. Fish and Wildlife Service.

(4) Wildlife shall be surrendered to the department, for processing and disposition pursuant to regulation, upon being presented with a written order by the commissioner.

Section 11. Federally-Protected Species. A person rehabilitating federally protected species shall possess valid state and federal wildlife rehabilitation permits, except that a person may be authorized as a sub-permittee on a federal migratory bird rehabilitation permit, under a federal permit holder, per 50 C.F.R. 21.31.

(1) Sub-permitted persons conducting wildlife rehabilitation activities shall possess a valid state wildlife rehabilitation permit.

(2) A permit holder shall immediately notify the department in writing or by email to fwpermits@ky.gov, of any federally threatened or endangered wildlife species, delivered, received, recovered, or retained for rehabilitation.

(3) A general or master class falconry permit holder may condition raptors for subsequent release into the wild for a permitted wildlife rehabilitator, as established in 301 KAR 2:195, only for the species the falconry permit holder is allowed to possess.

(4) Falconers that rehabilitate wildlife, except for conditioning raptors per this section, shall possess a valid wildlife rehabilitation permit.

Section 12. Revocation and Denial of Permits and Appeal Procedure.

(1) Denial and revocation.

(a) The department shall revoke the permit, deny the issuance of a new permit, or deny a renewal of an existing or lapsed permit, and confiscate wildlife of a person who is convicted of a violation of any provisions of:

1. KRS Chapter 150;

2. 301 KAR Chapters 1 through 5; or

3. Any federal statute or regulation related to hunting, fishing, or wildlife.

(b) The department shall revoke the permit, deny the issuance of a new permit, or deny a renewal of an existing or lapsed permit, and confiscate wildlife from a person who:

1. Provides false information on a wildlife rehabilitation permit application, federal permit, annual report, Non-Releasable Wildlife Report, facility inspection, or records.

2. Acquires wildlife prior to receiving an approved wildlife rehabilitation permit,

3. Fails a facility inspection, as established in Section 7; or

4. Fails to comply with any provision of this regulation, 301 KAR 3:120, 301 KAR 2:081, 301 KAR 2:082, 301 KAR 2:083, 301 KAR 2:195, or 301 KAR 2:251.

5. Allows non-permitted persons to rehabilitate, assist in wildlife rehabilitation, access, or have direct contact with wildlife undergoing rehabilitation or non-releasable rabies vector species.

6. Fails to contain wildlife in enclosures that meet Minimum Standards for Wildlife Rehabilitation except during treatment, release, or transfer per Section 6 of this administrative regulation;

7. Keeps wildlife over 180 days;

8. Accepts rabies vector species within the enhanced Rabies Surveillance Zone.

9. Accepts rabies vector species that originated from the Enhanced Rabies Surveillance Zone.

10. Transports rabies vector species into or out of the Enhanced Rabies Surveillance Zone

11. Fails to possess a valid federal permit or be listed as a sub-permittee on a federal permit to rehabilitate federally protected wildlife.

12. Accepts cervids within a CWD Surveillance Zone.

13. Accepts cervids that originated within a CWD Surveillance Zone.

14. Transports cervids into or out of a CWD Surveillance Zone.

(c) A fee shall not be refunded for a permit that is revoked.

(2) Confiscated wildlife.

(a) All wildlife shall be confiscated if a wildlife rehabilitation permit is revoked or denied, a person possesses native wildlife for the purpose of wildlife rehabilitation without a valid wildlife rehabilitation permit, or a facility fails a facility inspection per Section 7 of this administrative regulation.

(b) Confiscated wildlife shall be released, transferred with the approval of the Wildlife Division Director, or dispatched, except that rabies vector species shall be dispatched immediately.

(c) Wildlife shall not be returned to the permit holder or facility from which they were confiscated.

(3) Denial period.

(a) An applicant whose permit has been revoked or denied for the grounds established in this section shall be ineligible to reapply, and all applications denied for the period established below:

1. The initial denial period shall be one (1) year;

2. A second denial period shall be three (3) years;

3. A third or subsequent denial period shall be five (5) years;

(b) During the denial period, a person whose wildlife rehabilitation permit has been denied or revoked shall not rehabilitate wildlife or assist in the rehabilitation of wildlife.

(4) Administrative hearings.

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

(b) A request for a hearing shall be in writing and postmarked or delivered in person to the department no later than thirty (30) days after notification of the denial or the revocation.

(c) Upon receipt of the request for a hearing, the department shall proceed according to the provisions of KRS Chapter 13B.

(d) The hearing officer's recommended order shall be considered by the commissioner and the commissioner shall issue a final order, pursuant to KRS Chapter 13B.

Section 13. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) The National Wildlife Rehabilitator's Association and the International Wildlife Rehabilitation Council publication "Minimum Standards for Wildlife Rehabilitation", third edition, 2000;

(b) Kentucky Department of Fish and Wildlife Resources "Wildlife Rehabilitation Annual Report", 2022 edition, https://fw.ky.gov/Wildlife/Documents/rehabannreport.pdf; and

(c) "Wildlife Rehabilitation Permit Application", 2022 edition. https://fw.ky.gov/Wildlife/Documents/rehabapp.pdf.

(d) "Wildlife Rehabilitation Non-Releasable Wildlife Report". https://fw.ky.gov/Documents/NON_RELEASABLE_WILDLIFE_REPORT.pdf

(e) "Wildlife Rehabilitation Facility Inspection Checklist" https://fw.ky.gov/Wildlife/Documents/RehabLEInspectionChecklist.pdf

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. until 4:30 p.m.

301 KAR 2:075

28 Ky.R. 2478; Am. 29 Ky.R. 435; eff. 8-12-2002; 2958; 30 Ky.R. 278; eff. 8-13-2003; 33 Ky.R. 518; 1077; eff. 10-11-2006; 43 Ky.R. 1848, 2127; eff. 7-6-2017; 44 Ky.R. 1128, 1513; eff. 2-2-2018; 49 Ky.R. 864, 1607; eff. 2/2/2023.

STATUTORY AUTHORITY: KRS 150.025(1)(h), 150.280