|
|
|
State permit policies & procedures
Back to US State index
Kentucky
Website
http://fw.ky.gov/navigation.aspx?cid=472
Detailed information about permits and reporting: http://fw.ky.gov/scientificinfo.asp
Contact
Kentucky Department of Fish and Wildlife
Phone (800) 858-1549
Ask to speak to staffer handling scientific collecting permits
Is a permit required for banding?Yes.
(pers.comm. 29 June 2009, from Kentucky Dept. of Fish and Wildlife
avian nongame biologist to E. Paul: "it's interpreted that if you
capture (mist-netting, trapping, etc.) that would be "taking" even
though you are releasing the bird. You do have to have a KY state
collecting permit to band birds."
Permit application forms
State lands
In your project proposal, be sure to state that you would like to work
on state property. The permit biologist will contact the appropriate
land managers to secure permission for you.
Prior notice
Check permit conditions. As a matter of good practice, it is always a
good idea to consult the land owner or manager before working in a
particular location, so as to avoid conflicts with management
activities, prior scheduled uses of the property, with the general
public, and to assure the safety of the researcher and field
assistants.
Policies
Regs: http://www.lrc.state.ky.us/kar/301/004/070.htm
301 KAR 4:070. Scientific, educational and commercial nuisance wildlife
control collecting permits.
RELATES TO: KRS 150.010, 150.025, 150.180, 150.183, 150.275, 150.305,
150.365, 150.460, 150.990
STATUTORY AUTHORITY: KRS 13A.350, 150.025
NECESSITY, FUNCTION, AND CONFORMITY: The commissioner, with the
concurrence of the commission, finds it necessary to regulate the
collecting of wildlife species for scientific, educational and
commercial nuisance control purposes while continuing to protect the
wildlife resource. The purpose of this administrative regulation is to
detail procedures and responsibilities necessary for the prudent
collecting of wildlife and for deposition of data collected.
Section 1. Definitions. (1) "Protected wildlife" means all wildlife
except woodchuck, coyote, starling, crow, house sparrow and all species
of moles, mice, rats, shrews, insects, terrestrial invertebrates, and
microscopic life forms unless listed or included by reference in
Section 2 of this administrative regulation.
(2) "Scientific wildlife collecting" means the taking by specified
means and the subsequent possession of wildlife specimens for the
purposes of conducting scientific investigations or evaluations for
which a remuneration is received.
(3) "Educational wildlife collecting" means the taking by specified
means and subsequent possession of wildlife specimens by an individual
or nonprofit organization for the purposes of conducting educational
studies, scientific investigations, evaluations, or for use in the bona
fide instruction of students.
(4) "Commercial nuisance wildlife control" means the capture,
transportation and release of protected wildlife specimens for the
purposes of removing problem wildlife from private or public property
and for which a remuneration is received.
(5) "Federally protected wildlife" means any federally threatened or
endangered species listed by the U.S. Fish and Wildlife Service and
included in this administrative regulation by reference, any threatened
or endangered species listed in Section 2(2) of this administrative
regulation by the U.S. Fish and Wildlife Service, and any native bird
species except crow.
Section 2. Items Incorporated by Reference.
(1) "Endangered and Threatened Wildlife and Plants," U.S. Fish and
Wildlife Service, Department of the Interior, 1986.
(2) In addition to the species listed in the reference in subsection
(1) of this section, the following species are included:
CRUSTACEANS:
Clifton Cave isopod Caecidotea barri
Crayfish Cambarus batchi
Big South Fork crayfish Cambarus bouchardi
Bousfield's amphipod Gammarus bousfieldi
Louisville crayfish Orconectes jeffersoni
GASTROPODS:
Onyx rocksnail Leptoxis praerosa
Armored rocksnail Lithasia armigera
Ornate rocksnail Lithasia geniculata
Rustic rocksnail Lithasia salebrosa
Varicose rocksnail Lithasia verrucosa
PELECYPODS:
Cumberland elktoe Alasmidonta atropurpurea
Spectacle case Cumberlandia monodonta
Fanshell Cyprogenia stegaria
Cumberland combshell Epioblasma brevidens
Oyster mussel Epioblasma capsaeformis
Catspaw Epioblasma obliquata
Crackling pearlymussel Hemistena lata
Scaleshell Leptodea leptodon
Ring pink Obovaria retusa
Little-winged pearlymussel Pegias fabula
Clubshell Pleurobema clava
Tennessee clubshell Pleurobema oviforme
Pyramid pigtoe Pleurobema pyramidatum
Rabbitsfoot Quadrula cylindrica
Winged mapleleaf Quadrula fragosa
Salamander mussel Simpsonaias ambigua
Bean villosa Villosa fabalis
Kentucky creekshell Villosa ortmanni
FISHES:
Blackside dace Phoxinus cumberlandensis
Lake sturgeon Acipenser fulvescens
Northern cavefish Amblyopsis spelaea
Crystal darter Ammocrypta asprella
Eastern sand darter Ammocrypta pellucida
Blue sucker Cycleptus elongatus
Johnny darter Etheostoma nigrum susanae
Sturgeon chub Hybopsis gelida
Sicklefin chub Hybopsis meeki
Palezone shiner Notropis sp.
Longhead darter Percina macrocephala
Pallid sturgeon Scaphirhynchus albus
AMPHIBIANS:
Green salamander Aneides aeneus
Hellbender Cryptobranchus alleganiensis
REPTILES:
Kirtland's snake Clonophis kirtlandii
Alligator snapping turtle Macroclemys temminckii
Copperbelly water snake Nerodia erythrogaster neglecta
BIRDS:
Bachman's sparrow Aimophila aestivalis
American swallow-tailed kite Elanoides forficatus forficatus
Migrant loggerhead shrike Lanius ludovicianus migrans
Bewick's wren Thryomanes bewickii
MAMMALS:
Gapper's red-backed mouse Clethrionomys gapperi maurus
Pygmy shrew Microsorex hoyi winnemana
Southeastern myotis Myotis austroriparius
Small-footed myotis Myotis subulatus leibii
Eastern wood rat Neotoma floridana magister
Rafinesque's big-eared bat Plecotus rafinesquii
Long-tailed shrew Sorex dispar
New England cottontail Sylvilagus transitionalis
INSECTS:
Midget snaketail dragonfly Ophiogomphus howei
Six-banded longhorn beetle Dryobius sexnotatus
American burying beetle Nicrophorus americanus
Black lordithon rove beetle Lordithon niger
(3) "Endangered, Threatened, and Rare Plants and Animals of Kentucky,"
Warren, M.L., Jr., W.H. Davis, R.R. Hannan, M. Evans, D.L. Batch, B.D.
Anderson, B. Palmer-Ball, Jr., J.R. MacGregor, R.R. Cicerello, R.
Athey, B.A. Branson, G.J. Fallo, B.M. Burr, M.E. Medley, and J.M.
Baskin, Volume 47, Transactions of the Kentucky Academy of Science,
pages 83-98, 1986.
Section 3. Permit Required. Except as provided in Section 4(4) of this
administrative regulation, a permit is required by all persons involved
in scientific wildlife collecting, educational wildlife collecting or
commercial nuisance wildlife control activities involving any protected
wildlife in the state of Kentucky. This requirement does not apply to
employees of the department engaged in their official duties.
Section 4. Applications, Fees, Issuance Procedures, Possession
Requirements, and Revocation.
(1) Applications. Available from the department.
(2) Fees. Fees are based on permit type and are listed in 301 KAR
3:021. The type of permit for which to apply shall be determined by
consulting Section 1(2), (3) and (4) of this administrative regulation.
Remittance shall be by check or money order payable to the Kentucky
Department of Fish and Wildlife Resources. Fees shall accompany the
application.
(3) Issuance. A permit shall be issued upon receipt of a satisfactorily
completed application, remittance of the correct fee and any testaments
required in Section 7(2) of this administrative regulation.
Noncompliance with any provisions of this administrative regulation
shall be grounds to deny the issuance of a permit. If permit
modifications are necessary after the permit is issued, the applicant
shall notify the department.
(4) Possession requirements. At least one (1) person in a field party
whose name appears on the permit shall carry a valid collecting permit
or a photocopy of the same.
(5) Revocation. Permittees shall obey all applicable wildlife laws and
administrative regulations or have the permit revoked without refund if
convicted of a violation. The offending person shall be ineligible to
apply for another permit or be an assistant on any other permit for a
period of three (3) years following revocation.
Section 5. Federal Permit Requirements.
No federally protected wildlife, living or dead, may be collected
unless the collector holds a valid federal permit or a letter
designating him as an agent of the department, in addition to a valid
Kentucky collecting permit.
Section 6. Reporting Requirements.
(1) A written report of the collecting activities carried out during
the year for which a scientific or educational collecting permit was
issued shall be submitted to the department by no later than January 31
of the following year. Each report shall include the common name,
scientific name (to lowest possible taxon), date of collection,
condition (living or dead), method of disposal or retention, and
specific locality of collection for each specimen or series collected.
No report is required to document the taking of unprotected aquatic and
terrestrial invertebrates. Locality data shall include the county in
which the specimens were collected and the location at which the
collection was made. Photocopies of county maps (or topographic maps)
and field notes may suffice for locality reporting provided that all
pertinent information is included. Permittees shall immediately report
the discovery or collection of any federally protected or Kentucky
threatened or endangered wildlife, that are incorporated by reference
in Section 2(3) of this administrative regulation, (whether collected
or not) to the department.
(2) Commercial nuisance wildlife control collecting permittees shall
report annually by January 31 of the following year on forms provided
by the department.
Section 7. Deposition of Specimens, Special Conditions for Taking
Specified Wildlife and Disposal of Specimens. (1) Deposition of
specimens. If specimens have been retained for verification, the name
and address of any museum or recognized collection in which these
voucher specimens have been deposited or the names and addresses of
those persons or institutions that are maintaining the specimens shall
be provided.
(2) Special conditions for taking specified wildlife. Commercial
nuisance wildlife control permittees shall not kill protected wildlife
unless such protected wildlife is taken during an open season for that
species or such taking is otherwise authorized by the commissioner.
Applicants for any permit that would allow them to collect bats shall
attest by written affidavit that they possess the ability to identify
federally protected bat species in the field, in life, so that such
species shall not be inadvertently killed. Permittees shall not collect
more than two (2) living specimens of any Kentucky endangered or
threatened species, that are incorporated by reference in Section 2(3)
of this administrative regulation, from any one locality during the
permit year without additional authorization from the commissioner.
Road kills or specimens found dead of natural causes may be taken in
unlimited numbers for study unless they are federally protected
wildlife.
(3) Disposal of specimens. All captured protected wildlife not killed
shall be immediately released in a rural habitat suitable to that
species. All other collected specimens shall either be appropriately
preserved, disposed of or released as specified on the permit.
Section 8. Other General Prohibitions. (1) A collecting permit of any
type shall not be used in lieu of a standard hunting or fishing license.
(2) Under no circumstances shall toxicants be used to take bats of any
species. (15 Ky.R. 895; Am. 1278; eff. 11-23-88.)
|
