This site will be continually under construction and changing as the states, counties and municipals continually change their regulations and laws. These are the current regulations for 1996 that we have received to date. If you have other information, please let us know the citations of those laws or regulations, the state and when the changes went or will go into effect by sending e-mail to lawschange@monkeymaddness.com.
"Per your request for regulations pertaining to wolves, coyotes, and their hybrids, ...enclosing a copy of KY's pet and propagation permitting regulation (301 KAR 2:081), and the state stature dealing with the importation, or possession of endangered species of wildlife (KRS 150.183). Currently, wolves cannot be imported, transported, or possessed in Kentucky except for certain educational, scientific or research purposes approved by the commissioner. Coyotes can be imported and possessed if a transportation permit and a noncommercial pet and propagation permit is received from the Kentucky Department of Fish and Wildlife Resources (refer to regulation).
"Presently, state regulations or statutes do not exist that specifically address wolf/dog hybrids, however, recent information suggests that a few free-roaming wolf/dog hybrids may be present in Kentucky, either through owner negligence or intentional release by individuals. The potential problems associate with these free-roaming animals may necessitate developing regulations that address wolf/dog hybrids in the future. We are currently looking into this matter."
FROM THE REGS:
(1) No person shall import, transport, possess for resale or sell any endangered species of wildlife, the hides, skins, or other parts of any species of wildlife designated as an endangered species by regulation promulgated by the Department of Fish and Wildlife Resources except as provided in subsection (3) of this section. As used in this section, the term "endangered species" means any species of wildlife seriously threatened with worldwide extinction or in danger of being extirpated from the Commonwealth of Kentucky.
(2) The regulation or regulations promulgated pursuant to subsection (1) of this section shall include, but not be limited to, all species of wildlife designated as endangered species by the United States Secretary of the Interior on January 1, 1973.
(3) The Department of Fish and Wildlife Resources may permit, under such terms and conditions as it may prescribe, the importation, transportation, possession, or sale of any species of wildlife otherwise prohibited pursuant to this section for zoological, educational, or scientific purposes, and for the propagation of such wildlife in captivity for preservation purposes except as otherwise prohibited by law.
Opinions of Attorney General. First sentence omitted. The authority of the Department of Fish and Wildlife Resources to promulgate regulations designating endangered species granted by this section clearly indicates an intent to include endangered wildlife within the department's jurisdiction. OAG 84-214.
301 KAR 2:081; Pet and Propagation permits
RELATES TO: KRS 150.015, 150.180, 150.280, 150.290, 150.305, 150.320, 150.330, 150.360, 150.370, 150.470
NECESSITY AND FUNCTION: This administrative regulation is necessary to control the indiscriminate possession of wildlife and to insure that wildlife is humanely and properly cared for; to protect the public and native wildlife from wildlife-borne diseases and to prevent the introduction of wildlife that might be detrimental to native fauna and flora.
Section 1. DEFINITIONS.
"Wildlife" means all species of
normally undomesticated animals except love-birds, cockatiels, withe
rates, exotic finches, hamsters, guinea pigs, canaries, mice,
reptiles, mynah birds, gerbils, toucans, and primates.
Section 2. TAKING AND POSSESSING WILDLIFE.
(1) A person shall not hold wildlife in captivity which was not legally taken or possessed.
(2) A person holding wildlife in captivity shall apply for a permit within ten (10) days after the wildlife is acquired.
Section 3. IMPORTATION OR POSSESSION PROHIBITED.
A person shall
not import or possess the following wildlife: wild hog, jack rabbit,
monk parakeet, javelina, nutria, wild turkey, San Juan rabbit, bear,
bobcat, cougar, raccoon dog (Nyctereutes procyonoides) and wolf. The
commissioner may approve exceptions for certain educational,
scientific or research purposes.
Section 4. PERMITS.
(1) Commercial Pet and Propagation permits. (a) A person buying, selling, possessing, propagating or exhibiting wildlife for commercial purposes shall obtain a Commercial Pet and Propagation Permit from the department. (b) Commercial permit holders shall obtain wildlife only from permitted or qualified sources as determined by the commissioner. (c) Determination of wildlife permitted to be possessed, transported, bought, sold, or exhibited will be made by the commissioner or his appointed representative.
(2) Noncommercial Pet and Propagation Permits. (a) A person possession, purchasing, or propagating wildlife for noncommercial purposes shall obtain a noncommercial pet and propagation permit from the department within ten (10) days after the wildlife is acquired. (b) Holders of noncommercial permits may obtain wildlife legally from the wild or from a permitted or qualified source as determined by the commissioner.
(3) Transportation Permits and Veterinarian's Certificates. (a) A person importing, transporting, or receiving shipment of live wildlife shall first obtain a transportation permit from a conservation officer, nonresidents receiving wildlife shipments in Kentucky may apply directly to the department. (b) All shipments of wildlife shall be accompanied by a veterinarian's certificate stating that the wildlife is free of symptoms of disease. A federal quarantine certificate may be substituted for the veterinarian's certificate.
(4) Commercial and noncommercial permits are renewable annually from dates of issue.
Section 5. APPLYING FOR PERMITS.
(1) All applications for pet or propagation permits shall be made on standard forms.
(2) The applicant shall indicate the source of supply of the wildlife.
(3) After the permit is issued, the permit older shall retain a bill of sale or other written proof to show that the wildlife was obtained from a legal source.
(4) A permit holder shall show this written proof to a conservation officer upon request.
Section 6. CONFINING FACILITIES AND INSPECTIONS.
(1) Confining facilities shall be large enough to allow reasonable space for exercise, shelter, and maintenance of sanitary conditions.
(2) The holder of a pet or propagation permit shall allow a conservation officer to inspect the facilities at any reasonable time.
(3) The conservation officer shall immediately notify the permit and the commissioner if his inspection reveals that wildlife is being kept under unsanitary or inhumane conditions.
(4) The conservation officer shall make a second inspection after ten (10) days, and the permit shall be revoked and all captive wildlife confiscated immediately if the unsatisfactory conditions have not been corrected.
(5) The pet or propagation permit shall be revoked and all wildlife confiscated if it becomes apparent that an application was not made in good faith, or if the permit holder is convicted of any law violation concerning the species for which he holds a permit.
(6) Fees shall not be refunded for permits which are revoked.
Section 7. CONDITIONS FOR SELLING WILDLIFE.
(1) Omitted.
(2) Other wildlife or parts thereof produced on a permitted commercial propagation facility may be sold.
(3)
(4) All wildlife sold alive for propagation purposes or to commercial shooting preserves shall bear a tag on each crate stating the name and address of the propagator and permit number. The tags may be obtained from the Department.
(5) Omitted.
There is no regulation of nonhuman primates as pets in the state of Kentucky. In 301 KAR 2:080 "Propagation of Game: Pet Permits", Section 3 specifically states that "Possessing, buying, selling, or exhibiting any of the following wildlife DOES NOT require a pet or propagation permit: lovebirds, cockatiels, .... and primates (monkeys). The Indigenous Species Act allows the state to regulate, but state officials do not use this stipulation often. State Wildlife officers can inspect reported problems with animals but, since there are no written standards for care, these inspections are of little value. The State plans to extend regulations to require either a low-cost holding permit or a $200 propagation fee.
Counties Enforce Regulation of Exotic and Wild Animals
To the majority of people across the United States, the term “pet”still means owing dog or cat. But in the past 15 years, the definition of this term has expanded to include animals of an exotic or wild nature. Because of a county’s responsibility to protect the public health, safety, and welfare of its citizens, more counties are developing ordinances to regulate the possession and/or ownership of these types of pets.
The Sedgwick County, Kan., Board of Commissioners, with the help of the Sedgwick Animal Care Advisory Board, has developed a comprehensive exotic animal ordinance. In Sedgwick County, an exotic animal is “any animal which is not native or indigenous to Kansas, or does not have an established wild population in Kansas.”
The county’s regulation of exotic animals is divided into two categories: inherently dangerous exotic mammals (i.e., non-domesticated dogs, non-domesticated cats, and bears), and inherently dangerous reptiles (i.e., venomous snakes, snakes greater than 10 feet and/or weighing 15 pounds, crocodiles, and alligators).
A license to possess an inherently dangerous mammal is granted only to those persons whose facilities are licensed by the U. S. Department of Agriculture, or to those individuals who owned or possessed this type of mammal on or before the day the ordinance went into effect.
In order to own or possess an inherently dangerous reptile, a person has to be at least 18 years old and meet the licensing requirements set forth in the ordinance.
Standards for housing, including the dimensions and the types of materials used in constructing and maintaining the housing, are very specific, and are provided for each type of exotic animal. Care standards, (i.e., water, food, sanitation, medical needs, transportation, and restraint), are also given for each specific species.
The ordinance establishes license regulations, and grants the licensing and inspection authority to the county animal control officer.
Jefferson County, Ky.’s wildlife ordinance prohibits the possession of primates and venomous reptiles (unless owned prior to March 1988). In Jefferson County, wildlife is defined as any animal which occurs naturally in a wild state, including any animal which is part wild.
Individuals who own or possess wildlife are required by state statute to obtain a permit from the Kentucky State Department of Fish and Wildlife Resources. The county ordinance also requires a second permit from the Jefferson County Division of Animal Control and Protection and a health certificate from a veterinarian stating that the animal is free of infectious diseases.
Although specific, sections of both these ordinances do not apply to accredited zoos and aquariums, and licensed theatrical exhibits or circuses.
(For more information on the ordinances discussed above, please call 202/942-4279. If you would like to share your county’s ordinances with NACo regarding exotic and/or wild animals, please send information to the attention of Peggy Beardslee.)