TOP 10 MOST REQUESTED: KENTUCKY DEPARTMENT OF

AGRICULTURE EDITION

CLE Credit: 1.0 Friday, June 14, 2019

11:20 a.m. – 12:20 p.m. Jones

Galt House Hotel Louisville, Kentucky

A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgement pf the induvial legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program in dealing with a specific legal matter have a duty to research the original and current sources of authority.

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TABLE OF CONTENTS

The Presenter .................................................................................................................. i Top 10 Most Requested: Kentucky Department of Agriculture Edition .................................................................... 1

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THE PRESENTER

Clint R. Quarles Kentucky Department of Agriculture 500 Mero St Seventh Floor Frankfort, Kentucky 40601 Clint.Quarles@ky.gov CLINT QUARLES is an attorney with the Kentucky Department of Agriculture where he practices in multiple areas, including animal health, animal production practices and nuisance, and animal movement law. He also teaches an undergraduate agriculture law course at the University of Kentucky, and farms about 1000 acres in Scott and Fayette counties. Mr. Quarles received both his undergraduate degree and his law degree from the University of Kentucky.

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TOP 10 MOST REQUESTED: KENTUCKY DEPARTMENT OF AGRICULTURE EDITION

Clint R. Quarles

10. ABANDONED HORSES

• Description: Discussion of abandoned horses in Kentucky; Kentucky Department of Agriculture’s “Stray or Abandoned Horses Database.”

• Specific learning objective: To gain an in-depth understanding of remedies for landowners, solutions for individuals seeking to reclaim lost/abandoned horses. o Website for abandoned horses:

http://www.kyagr.com/statevet/strayhorse/.

A. KRS 259.105. Definitions for chapter.

The following definitions apply in this chapter unless the context otherwise requires: “Stray equine” means any animal of the equine species for which the owner is no longer claiming ownership or for which the owner cannot be determined.

B. KRS 259.110. Stray equine may be taken up – By whom – When. C. True v. Shelton, 235 S.W.2d 1009 (Ky. 1951)

1. Procedural posture: Plaintiff mail carrier brought an action against

defendant jack owner in the trial court (Kentucky), seeking to recover for personal injuries and for injuries to his horse when the jack attacked them on the public highway. The trial court granted the owner's motion for a peremptory instruction to the jury, and the mail carrier appealed.

2. Overview: The mail carrier was riding his horse on his route when

he and his horse were attacked by the jack, which was kept by its owner for breeding purposes but which frequently escaped and annoyed the neighborhood. A veterinarian testified that, from his experience and observation extending over many years, a jack, by its very nature, is a dangerous animal. Other witnesses testified that they expected trouble from the jack. The owner testified that although he allowed the jack to roam with the horses in his enclosure, the horses were afraid of the jack. Under the circumstances, the mail carrier had presented sufficient evidence to present a jury question as to the owner's knowledge of the jack's vicious tendency, and the trial court erred in directing a verdict for the owner.

KRS 259.110, 259.160, and 259.170, direct the posting, taking up, and confinement of stray horses, mules, jacks or jennets, ungelded

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horses, or bulls known to be mischievous and breachy. It will be noticed, however, that the statutory provision relative to jacks, jennets, ungelded horses, mischievous and breachy bulls, and stray horses is more prescribed than that of other strays.

D. KRS 259.120. Method of taking up and posting stray equines and stray

cattle – Fees.

1. Lien: Taker-up of a stray has a lien on the property taken up as a fee for his trouble, and cost of feeding, and cannot be divested of possession until he/she is paid.

Garabrant v. Vaughn, 41 Ky. 327, 1842 Ky. LEXIS 39, 1842 WL 3205 (Ky. May 7, 1842)

2. Procedural posture: Appellant horse owner sought review of a ruling

by the Jefferson Circuit Court (Kentucky) in which his demurrer to appellee claimant's plea for reimbursement of costs expended on behalf of the horse was overruled.

3. Overview: The horse owner brought an action in detinue against the

claimant. The claimant took the horse up after he had strayed from the horse owner. The claimant had paid requisite fees and charges and cared for the horse. The claimant entered a plea for recovery of the costs incurred and funds expended on behalf of the horse. The horse owner demurred. The trial court overruled the demurer and the horse owner appealed. The court found that the claimant by taking up the horse was liable for certain fees and was therefore entitled to a fixed sum and all reasonable charges. The court affirmed the prior judgment in which the horse owner's demurrer was overruled.

4. Outcome: The court affirmed the trial court's decision.

E. Other Citations

6 Debtor-Creditor Law §49.03 (2019)

In Kentucky, however, the absolute ownership of a stray equine vests in the taker-up 15 days after the county judge/executive has received the evidence of the required documentation, administered the oath to the taker-up, and the county judge/executive and taker-up have filed and posted the required documentation. In Kentucky, the absolute ownership of stray cattle vests in the taker-up after 12 months from the day on which the cattle were taken up. A breeder’s lien favors persons who operate a stud service for hire. Some statutes are limited to the servicing of mares and cows, but others include other animals, such as donkeys and boars. Moreover, some statutes apply the lien only to the offspring, while others increase the lien’s coverage to

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the female animal that was bred. The lienor may not unilaterally seize an animal, and a sale can only occur by judicial order.

F. KRS 259.130. Property vests in taker-up after 15 days following posting. G. KRS 259.140. Taker-up to pay owner value of stray equines or cattle, when

– Limitation of liability.

(2) County judges/executive or participating state agency, county clerks, and all other local government employees acting in good faith in the discharge of the duties imposed by KRS 259.105, 259.110, 259.120, 259.130, and this section shall be immune from criminal and civil liability for any act related to the taking up and posting of stray equines or stray cattle.

H. KRS 257.010. Definitions for chapter.

As used in this chapter, unless the context requires otherwise: (1) “Abandon” means to forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or his agent;

I. KRS 525.130. Cruelty to animals in the second degree – Exemptions –

Offense involving equines.

(1) A person is guilty of cruelty to animals in the second degree when except as authorized by law he intentionally or wantonly:

(a) Subjects any animal to or causes cruel or injurious mistreatment through abandonment, participates other than as provided in KRS 525.125 in causing it to fight for pleasure or profit (including, but not limited to being a spectator or vendor at an event where a four (4) legged animal is caused to fight for pleasure or profit), mutilation, beating, torturing any animal other than a dog or cat, tormenting, failing to provide adequate food, drink, space, or health care, or by any other means; (b) Subjects any animal in his custody to cruel neglect; or (c) Kills any animal other than a domestic animal killed by poisoning. This paragraph shall not apply to intentional poisoning of a dog or cat. Intentional poisoning of a dog or cat shall constitute a violation of this section.

(4) Cruelty to animals in the second degree is a Class A misdemeanor. (5) If a person is convicted of or pleads guilty to an offense under subsection (1) of this section arising from the person’s treatment of an equine, the court may impose one (1) or both of the following penalties against the person, in addition to fines and imprisonment:

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(a) An order that the person pay restitution for damage to the property of others and for costs incurred by others, including reasonable costs, as determined by agreement or by the court after a hearing, incurred in feeding, sheltering, veterinary treatment, and incidental care of any equine that was the subject of the offense resulting in conviction; or (b) An order terminating or imposing conditions on the person’s right to possession, title, custody, or care of any equine that was the subject of the offense resulting in conviction.

If a person’s ownership interest in an equine is terminated by a judicial order under paragraph (b) of this subsection, the court may order the sale, conveyance, or other disposition of the equine that was the subject of the offense resulting in conviction.

J. Borell v. Dean, 2018 U.S. Dist. LEXIS 199978, at *10, 2018 WL 6182057

(E.D. Ky. Nov. 27, 2018) United States District Court for the Eastern District of Kentucky, Central Division

“The allegations of Mr. Borell's complaint are somewhat sparse and disjointed. He alleges that on September 27, 2016, he sent a certified letter to Defendant Ted Dean, the County Attorney for Mercer County, Kentucky, stating that horse equipment and personal property valued at $6,800.00 were missing from a farm that Mr. Borell leased in Harrodsburg, Kentucky (located in Mercer County). The letter further stated that he was unable to retrieve any equipment from the farm. According to Mr. Borell, Defendant Ernie Kelty, the Mercer County Sheriff, had taken control of the farm and was responsible for anyone entering or leaving the property. Mr. Borell states that, although Mr. Dean did not respond to this letter (or other subsequent letters), on November 9, 2016, Mr. Dean testified to a Kentucky subcommittee on horse farming in conjunction with an equine abandonment matter in Mercer County that he was aware of property missing from Mr. Borell's farm. [R. 1 at 7.] Mr. Borell further alleges that Sheriff Kelty only investigated his missing property after several letters were sent to Sheriff Kelty. Although the case was assigned to a deputy, [*3] Mr. Borell states that, to his knowledge, no property was recovered. Mr. Borell alleges that a bailment relationship was formed when Mercer County took control of the farm. [R. 1 at 7.] Based on these allegations, Mr. Borell seeks relief against Mr. Dean and Sheriff Kelty, in both their individual and official capacities, in the form of an unspecified declaratory judgment and $6,800.00 in monetary damages (the value of the property missing from his farm). [R. 1 at 5.] Although Mr. Borell fails to provide further information in his complaint about this "equine abandonment matter," a review of the Kentucky court records, of which the Court takes judicial notice, shows that, in 2016, Mr. Borell was charged with 43 counts of cruelty to animals in the second degree in violation of K.R.S. 525.130 based on allegations that he had

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abandoned multiple horses on his property. Mr. Borell entered an "Alford plea" of guilty to nine of these charges pursuant to a plea agreement with the Commonwealth of Kentucky. Commonwealth v. Borell, No. 16-M-255 (Dist. Ct. Mercer Co. 2016). The costs incurred for the care of these horses after their abandonment by Mr. Borell was also the subject of a lawsuit filed against Mr. [*4] Borell and others by the Mercer County Fiscal Court and the Kentucky Department of Agriculture. Mercer Co. Fiscal Court, et al. v. Charles A. Borell, et al., No. 16-CI-223 (Cir. Ct. Mercer Co. 2016).”

K. Related Sources

https://www.kentuckyhorse.org/Reporting-Equine-Abuse-or-Neglect https://www.bloodhorse.com/horse-racing/articles/213459/ky-busy-finding-homes-for-abandoned-horses https://www.kyhumane.org/free-roaming-horses https://www.paulickreport.com/horse-care-category/lead-astray-the-free-roaming-horses-of-eastern-kentucky/ https://www.paulickreport.com/horse-care-category/kentucky-creates-database-to-help-owners-find-lost-horses/ https://thehorse.com/163731/unintentional-equine-neglect-and-abuse-a-concern-in-kentucky/ https://www.americasbestracing.net/lifestyle/2019-get-know-karen-gustin-kentucky-equine-adoption-center

9. SHELTERING, ANIMAL SHELTERS

• Description: Discussion of the minimum shelter standards pursuant to KRS 258.119 Animal control and care fund – Distribution of moneys – Eligibility requirements. Brief overview of legislative history including 2004 amendment.

• Specific learning objective: To gain an in-depth understanding of who is responsible for animal sheltering in Kentucky; entities vs. municipalities vs. state oversight.

A. KRS 212.625. Animal shelter for animals.

Each city-county board of health created by KRS 212.350 shall establish, maintain, and operate an animal shelter for animals in which, except as otherwise provided by law, shall be impounded all stray, vicious, or diseased animals taken up or collected in the county, whether in incorporated or unincorporated areas, by any public officer or authority or by any other person. Each board shall, throughout the county, including all municipalities within the county, enforce all statutes, ordinances of cities, orders or resolutions of the fiscal court of the county, and regulations of the board or any other governmental body or agency authorized to promulgate

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regulations, relating to the taking up, collection, and impounding of stray, vicious, or diseased animals. Each board may promulgate and enforce reasonable and necessary regulations providing for the collection and impounding of animals and governing the use and operation of animal shelters. KRS 212.625 (LexisNexis, Lexis Advance through the 2018 legislative session)

B. KRS 258.119. Animal control and care fund – Distribution of moneys –

Eligibility requirements.

(1) The “Animal Control and Care Fund” is hereby created as a special fund in the State Treasury. The fund may also receive gifts, grants from public and private sources, state appropriations, and federal funds. Any unallotted or unencumbered balances in this fund shall be invested as provided for in KRS 42.500(9). Income earned from the investments shall be credited to the fund. Any fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year, and moneys in this fund shall be continuously appropriated only for the purposes specified in this section. (2) Moneys from the fund shall be used by the Animal Control Advisory Board for board expenses, for the creation and support of statewide programs related to animal control and care, and for training animal control officers. “Statewide programs” includes, but is not limited to, the reimbursement of costs for preexposure rabies vaccinations for all animal control and care workers. When determining the distribution of the moneys relating to training, the need of the applicant shall be one (1) of the criteria considered by the board. Based on recommendations of the Animal Control Advisory Board, any moneys not expended under this subsection may be distributed annually as grants to counties with an established animal control and care program meeting the requirements of subsection (3) of this section or approved plan to establish an animal control and care program under subsection (4) of this section. (3) As used in this section, “animal control and care program” means a program in which the county:

(a) Employs, appoints, or contracts with an animal control officer, or contracts with an entity that employs, appoints, or contracts with an animal control officer, as required by KRS 258.195, who is a high school graduate and has completed the training requirements set forth by the Animal Control Advisory Board; and (b) Maintains an animal shelter, enters into an intergovernmental agreement for the establishment of a regional animal shelter, or contracts with an entity authorized to maintain sheltering and animal control services, to provide services that:

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1. Segregate male and female animals by species in runs and holding areas; 2. Provide separate runs or holding areas for ill or injured animals. An ill or injured animal shall be treated with proper veterinary care or euthanized; 3. Provide quarantine for dogs and cats presented to the shelter when quarantine by the owner is not feasible or desirable, the cost of quarantine to be borne by the animal owner at the shelter’s regular housing costs and fees. Quarantined dogs and cats shall be held in isolation for observation of symptoms of rabies for a period of ten (10) days from the date the dog or cat bit a person. If the dog or cat dies or is euthanized while in quarantine, it shall be submitted to the local health department for testing for the presence of the rabies virus. The cost of the testing shall be borne by the animal owner or the local health department may bear the cost at its discretion; 4. Provide holding areas with protection from the weather, including heated quarters during cold weather. Holding areas shall be free of debris or standing water; shall provide adequate lighting, ventilation, and sanitary conditions to promote a safe, healthy environment; and shall provide adequate space to allow for normal movement, including standing to full height, sitting, turning, and lying down in a natural position without coming in contact with the top or sides of the enclosure or another animal; 5. Provide runs and cages built of materials which can be readily cleaned and disinfected, including floors made of an impervious material; 6. Provide access to the public for no less than twenty-four (24) hours in one (1) week, with the hours that the facility is open to the public posted in a visible location; 7. Employ euthanasia methods specified as acceptable for that species by the most recent report of the American Veterinary Medical Association Panel on Euthanasia; 8. Provide potable, uncontaminated water to every animal at all times, and palatable, uncontaminated food daily; and 9. Maintain a record on each animal impounded. Records shall be maintained for a period of two (2) years and shall include:

a. Date impounded; b. Location found or picked up; c. Sex of animal and spay or neuter status, if known;

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d. Breed or description, and color; and e. Date reclaimed, adopted, or euthanized.

(4) Counties submitting plans proposing to establish an animal control and care program for approval by the Animal Control Advisory Board shall comply with the requirements of: (a) Paragraph (a) of subsection (3) of this section within twelve (12) months of the date the documentation is submitted; and (b) Paragraph (b) of subsection (3) of this section within twenty-four (24) months of the date the documentation is submitted. (5) To be eligible for any moneys distributed as grants to counties under subsection (2) of this section, counties shall submit an application to the commissioner, on a form prescribed by the Department of Agriculture, by July 15 of each year. Moneys shall be used for construction, equipment, educational supplies, and other uses or programs approved by the advisory board, but shall not be used to increase wages of animal control officers or other personnel. Counties receiving money from the Department of Agriculture shall comply with the terms of the plan or program. If the terms of the plan or program are not complied with, the county shall refund the money to the Department of Agriculture.

C. KRS 258.195. Employment, appointment, or contract with animal control

officers – Establishment and maintenance of animal shelters – Intergovernmental agreements – Authority of animal control officers.

(1) The governing body of each county shall employ, appoint, or contract with an animal control officer, or shall contract with an entity that employs, appoints, or contracts with an animal control officer, and shall establish and maintain an animal shelter as a means of facilitating and administering KRS 258.095 to 258.500. One (1) or more counties may enter into intergovernmental agreements for the establishment of regional animal shelters, or may contract with entities authorized to maintain sheltering and animal control services. Animal shelters shall

meet the standards provided by KRS 258.119(3)(b) within three (3)

years after July 13, 2004. Governing bodies may adopt additional standards and ordinances related to public health, safety, enforcement, and the efficient and appropriate operation of their shelters and their animal control programs. (2) Cities may employ, appoint, or contract with animal control officers, or may contract with an entity that employs, appoints, or contracts with animal control officers, for the enforcement of this chapter and local animal control ordinances within their corporate limits. Cities may enter into agreements with the counties for the enforcement of the county’s animal control ordinances. The agreement shall include, but shall not necessarily be limited to, setting out the jurisdiction and the duties of the animal control officer respective to the agreement.

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(3) Animal control officers shall have the authority to issue uniform citations, local citations, or local notices for the enforcement of the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, and animal control ordinances in their respective jurisdictions.

D. Veterinarians CANNOT Report Suspected Abuse

KRS 321.185. Veterinarian-client-patient relationship.

E. Related Sources

https://www.tristatehomepage.com/news/local-news/animal-abuse-bills-making-their-way-through-kentucky-general-assembly/1797352653 https://www.whas11.com/article/news/animal-advocates-rally-in-frankfort-to-support-stronger-welfare-laws/417-34531d09-076c-4634-9e05-c51b5810aab6 https://kycir.org/2017/03/07/kentucky-shelters-falling-short-failing-animals/ http://www.kentuckylawjournal.org/index.php/2018/05/08/kentucky-legal-animal-abuse-or-weak-protection-laws/ http://kacca.org/portfolio-item/kentucky-animal-control-laws/ https://www.wkyt.com/home/headlines/WKYT-Investigates--The-state-of-Kentucky-animal-shelters-state-law---311487911.html

8. EXOTIC ANIMALS/PETS

• Description: Discussion of rules surrounding exotic pet ownership.

• Description: Specific learning objective: To gain an in-depth understanding of who can own a lion, e.g.

• Fish & wildlife rules, sometimes done in conjunction with the state vet. Used to target livestock. Some required certificate of veterinary inspection (CVI) and health movement papers.

A. What is “exotic wildlife” and how do you transport it? 301 KAR 2:082.

Transportation and holding of live exotic wildlife.

Section 1. Definition. "Exotic wildlife" means wildlife species which have never naturally existed in the wild in Kentucky including introduced species that have become naturalized. Section 2. Permits and Certificates of Veterinary Inspection. (1) Pursuant to 301 KAR 2:081, a person shall apply for and obtain a valid transportation permit or permit authorization number from the department, unless otherwise exempted by this or another administrative regulation, prior to:

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(a) Receiving a shipment of wildlife; (b) Importing exotic wildlife into Kentucky; or (c) Transporting exotic wildlife into and through the state to a destination outside Kentucky. (2) A copy of a valid transportation permit or permit authorization number shall accompany all shipments of wildlife into and through Kentucky. (3) An individual transportation permit shall be valid for one (1) shipment of wildlife. (4) An annual transportation permit shall be valid for multiple wildlife shipments for one (1) year from the date of issue. (5) Any shipment of wildlife, except for amphibians and reptiles, shall be accompanied by a: (a) Certificate of veterinary inspection stating that the wildlife is free from symptoms of disease; or (b) A federal quarantine certificate.

Section 3. Applying for Permits. (1) A person shall apply for a transportation permit, in accordance with 301 KAR 2:081. (2) The department shall deny a permit to an applicant that: (a) Is less than eighteen (18) years of age; (b) Has been convicted within the last year of a violation of: 1. This administrative regulation; or 2. 301 KAR 2:081; (c) Does not submit a completed application; or (d) Does not remit the correct fee pursuant to 301 KAR 3:022. (3) Failure to provide accurate, factual, and complete information on the application form shall result in: (a) Immediate withdrawal or revocation of the permit; and (b) Confiscation of the wildlife imported under the permit. (4) An annual transportation permit holder shall notify the department of any amendments to the original application at least forty-eight (48) hours prior to any wildlife shipment by calling the department by telephone at 800-858-1549, Monday through Friday, between 8 a.m. and 4:30 p.m., Eastern time. (5) A person importing or possessing exotic wildlife shall be responsible for following local ordinances and rules regarding captive wildlife.

Section 4. Prohibited Species. (1) Except as specified in Section 5 of this administrative regulation, a person shall not import, possess, or transport through Kentucky the following species that are considered potentially injurious to native ecosystems: (a) Baya weaver (Ploceus philippinus); (b) Blackbirds (Genus Agelaius), except native species; (c) Cape sparrow (Passer melanurus); (d) Cowbirds (Genus Molothrus), except native species; (e) Cuckoo (Family Cuculidae), except native species; (f) Dioch or red-billed quelea (Quelea quelea); (g) European blackbird (Turdus merula); (h) Fieldfare (Turdus pilaris); (i) Flying fox or fruit bat (Genus Pteropus); (j) Gambian giant pouched rat (Cricetomys gambianus);

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(k) Giant, marine, or cane toad (Bufo marinus); (l) Hawaiian rice bird or spotted munia (Lonchura punctulata); (m) Jack rabbit (Genus Lepus); (n) Java sparrow (Padda oryzivora); (o) Madagascar weaver (Foudia madagascariensis); (p) Mistle thrush (Turdus viscivorus); (q) Monk or Quaker parakeet (Myiopsitta monachus); (r) Multimammate rat (Genus Mastomys); (s) Mute swan (Cygnus olor); (t) Nutria (Myocastor coypus); (u) Prairie dog (Cynomys spp.); (v) Raccoon dog (Nyctereutes procyonoides); (w) San Juan rabbit (Oryctolagus cuniculus); (x) Sky lark (Alauda arvensis); (y) Song thrush (Turdus philomelus); (z) Starling (Family Sturnidae) including pink starlings or rosy pastors (Sturnus roseus), except for Indian Hill mynahs (Gracula religiosa); (aa) Suricate or slender-tailed meerkat (Genus Suricata); (bb) Tongueless or African clawed frog (Xenopus laevis); (cc) Weaver finch (Genus Passer), except Passer domesticus; (dd) White eyes (Genus Zosterops); (ee) Wild European rabbit (also called the San Juan Rabbit) not distinguishable morphologically from native wild rabbits; (ff) Yellowhammer (Emberiza citrinella); or (gg) A member of the following families: 1. Suidae (pigs or hogs), except for domestic swine; 2. Viverridae (civits, genets, lingsangs, mongooses and fossas); or 3. Tayassuidae (peccaries and javelinas). (2) Except as specified in Section 5 of this administrative regulation, a person shall not import or possess the following species of inherently dangerous wildlife: (a) Alligators or caimans (Family Alligatoridae); (b) African buffalo (Syncerus caffer); (c) Bears (Family Ursidae); (d) Cheetah (Acinonyx jubatus); (e) Clouded leopard (Neofelis nebulosa); (f) Crocodiles (Family Crocodylidae); (g) Elephants (Family Elephantidae); (h) Gavials (Family Gavialidae); (i) Gila monsters or beaded lizards (Family Helodermatidae); (j) Hippopotamus (Hippopotamus amphibius); (k) Honey badger or ratel (Mellivora capensis); (l) Hyenas (Family Hyaenidae), all species except aardwolves (Proteles cristatus); (m) Lions, jaguars, leopards or tigers (Genus Panthera); (n) Old world badger (Meles meles); (o) Primates, nonhuman (Order Primates); (p) Rhinoceroses (Family Rhinocerotidae); (q) Snow leopard (Uncia uncia); (r) Venomous exotic snakes of the families Viperidae, Atractaspididae, Elapidae, and Colubridae, except for hognose snakes (Genus Heterodon);

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(s) Wolverine (Gulo gulo); or (t) Hybrids of all species contained in this list.

Section 5. Exemptions. (1) A facility that is accredited by the American Zoo and Aquarium Association shall: (a) Not be required to obtain a transportation permit for exotic wildlife; and (b) Be allowed to import, transport, and possess the prohibited exotic species listed in Section 4(1) and (2) of this administrative regulation. (2) Upon written request, the department shall consider an exemption for the importation of prohibited exotic species for the following entities: (a) A facility that is designated as the official zoo of a municipality; (b) A government agency; (c) A college or university; (d) A licensed or accredited institution of: 1. Research; or 2. Education; (e) A lawfully operated circus; or (f) An exhibitor sponsored or contracted by a lawfully operated state or county fair. (3) Wildlife possessed or imported into Kentucky per subsection (2) or (4) of this section shall be maintained within an enclosure sufficient to prevent: (a) Escape; and (b) Direct contact with the public, except local governments may allow direct contact between the public and Asian elephants (Elephas maximus) if: 1. An established local ordinance exists that allows the contact; and 2. That ordinance provides regulatory standards in the areas of: a. The safety record of the animal or animals; b. Proper public safeguards; c. Experience of the handlers; d. Protective barriers; and e. Third party liability insurance coverage from death or injury in an amount equal to or greater than $3,000,000. (4) A person may apply for a transportation permit to temporarily transport into and through the state to a destination outside of Kentucky a prohibited animal listed in Section 4(2) of this administrative regulation and shall not: (a) Remain in the state in excess of forty-eight (48) hours; (b) Stop in Kentucky for exhibition purposes; or (c) Sell, trade, barter, or offer for sale, trade, or barter a prohibited animal while in Kentucky. (5) A person who legally possessed wildlife listed in Section 4(2) of this administrative regulation prior to July 13, 2005, may continue to possess the animal and shall maintain: (a) Veterinary records; (b) Acquisition papers for the animal; or (c) Any other evidence that establishes that the person possessed the animal in Kentucky prior to July 13, 2005. (6) A person who legally possesses wildlife pursuant to subsection (5) of this section shall not, without an exemption pursuant to subsections (2) and (3) of this section: (a) Replace the wildlife; or

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(b) Allow the wildlife to reproduce. (7) If exotic wildlife listed in Section 4(1) and (2) of this administrative regulation escapes, the owner shall immediately contact local emergency services and the department at 800-252-5378 to report the escape or release.

Section 6. Permit-exempt Animals. The following exotic animals shall not require permits from the department for importation, transportation, or possession: (1) Alpaca (Vicugna pacos); (2) American bison (Bison bison); (3) Breeds and varieties of goats derived from the wild goat or bezoar (Capra hircus); (4) Camel (Camelus bactrianus and Camelus dromedarius); (5) Chinchilla (Chinchilla laniger); (6) Cockatoo (family Cacatuidae); (7) Domesticated races of ducks and geese (family Anatidae) morphologically distinguishable from wild ducks or geese; (8) Domesticated races of the European rabbit (Oryctolagus cuniculus) morphologically distinguishable from wild rabbits; (9) Domesticated races of mink (Mustela vison), if: (a) Adults are heavier than 1.15 kilograms; or (b) The fur color can be distinguished from wild mink; (10) Domesticated races of rats (Rattus norvegicus or Rattus rattus) or mice (Mus musculus); (11) Domesticated races of turkeys (Meleagris gallopavo) recognized by the American Poultry Association and the U.S. Department of Agriculture, but shall not include captive held or bred wild turkeys; (12) Domestic yak (Bos grunniens); (13) Gerbil (Meriones unguiculatus); (14) Guinea fowl (Numida meleagris); (15) Guinea pig (Cavia porcellus); (16) Hamster (Mesocricetus spp.); (17) Indian Hill mynah (Gracula religiosa); (18) Llama (Lama glama); (19) Parrot, lovebird, cockatiel, budgerigar, parakeet (except monk parakeet (M. monachus), and macaw (family Psittacidae); (20) Peafowl (Pavo cristatus); (21) Pigeon (Columba domestica or Columba livia) or domesticated races of pigeons; (22) Ratite, as defined by KRS 247.870; and (23) Toucan (family Rhamphastidae). Section 7. Inspections and Permit Revocation. (1) A person holding exotic wildlife shall allow a conservation officer to inspect the holding facilities at any reasonable time. (2) Captive wildlife may be confiscated and the permit revoked if the permit holder violates any provision of this administrative regulation. Section 8. Release. With the exception of pheasants and chukars, a person shall not release exotic wildlife into the wild.

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B. Federal Lacey Act

The Lacey Act combats trafficking in “illegal” wildlife, fish, and plants. The 2008 Farm Bill (the Food, Conservation, and Energy Act of 2008), effective May 22, 2008, amended the Lacey Act by expanding its protection to a broader range of plants and plant products. The Lacey Act now, among other things, makes it unlawful to import certain plants and plant products without an import declaration. This page will serve as a clearinghouse for all information related to the implementation of the Lacey Act declaration requirement and will be updated promptly as new information becomes available.

C. Related Sources

https://www.fws.gov/international/laws-treaties-agreements/us-conservation-laws/lacey-act.html https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/SA_Lacey_Act https://www.cbp.gov/trade/entry-summary/public-laws-impacting-trade/public-law-110-246/amended-lacey-act/guidance-lacey-act https://www.federalregister.gov/documents/2017/10/20/2017-22800/implementation-of-revised-lacey-act-provisions

7. INVASIVE SPECIES – ASIAN CARP

• Description: Kentucky has a fishy problem.

• Specific learning objective: To gain an in-depth understanding of Kentucky’s Asian carp issue and governmental solutions.

A. KRS 150.015. Purpose of 1952 Act amending game and fish laws – Policy

of state as to wildlife – Liberal construction – Promotion of hunger relief through wildlife management and conservation.

B. KRS 150.025. Power of department to make administrative regulations as

to game and fish, including seasons and limits – Inclusion of administrative regulations on department’s website.

C. 301 KAR 1:122. Importation, possession, and prohibited aquatic species. D. 301 KAR 1:152. Asian Carp and Scaled Rough Fish Harvest Program.

Section 1. Definitions. (1) "Asian carp" means: (a) Bighead carp; (b) Black carp; (c) Grass carp; or (d) Silver carp.

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(2) "By-catch" means any fish that is not an Asian carp or scaled rough fish. (3) "Program participant" means a commercial fisherman who is: (a) Enrolled in the Asian Carp and Scaled Rough Fish Harvest Program; and (b) Fishing in restricted water. (4) "Restricted water" means those areas, pursuant to 301 KAR 1:140, 1:150, and 1:155, where: (a) Commercial fishing is prohibited; or (b) Commercial fishing with gill or trammel nets is prohibited. (5) "Scaled rough fish" means any scaled fish that is not an Asian carp or sport fish pursuant to 301 KAR 1:060. (6) "Whip net set" means a gill or trammel net that is set to encircle and harvest Asian carp and scaled rough fish. Section 2. Qualifications. A commercial fisherman shall: (1) Contact the department and request to be included in the program; and (2) Possess a valid Kentucky commercial fishing license. Section 3. Program Participant Requirements. A program participant shall: (1) Call the department at 800-858-1549 prior to the requested fishing date and provide the information established in paragraphs (a) through (e) of this subsection: (a) The participant's name; (b) The fish buyer's name and phone number; (c) Date requested; (d) The location in the restricted water to be fished; and (e) The name or location of the boat ramp that will be used; (2) Harvest a weight ratio of at least sixty-five (65) percent Asian carp to thirty-five (35) percent scaled rough fish over a one (1) month period, except that a commercial fisherman whose license fee has been waived pursuant to Section 4 of this administrative regulation shall only harvest Asian carp and not retain any by-catch; (3) Only fish: (a) On dates approved by the department; and (b) At a location approved by the department; (4) Immediately notify the department if the participant changes the: (a) Fishing location in the restricted water body; or (b) Boat ramp being used; (5) Only use a whip net set: (a) With a minimum bar mesh size of three and one-quarter (3.25) inches; (b) That is always tended by a program participant when set less than three (3) feet below the surface of the water; (c) That is not left unattended by a program participant for more than six (6) hours when set at least three (3) feet below the surface of the water from April 1 through September 30; and (d) That is not left unattended by a program participant for more than eight (8) hours when set at least three (3) feet below the surface of the water from October 1 through March 31; (6) Complete and submit to the department a Daily Harvest and Release Summary Card immediately after each day's fishing;

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(7) Be allowed to sell all harvested Asian carp and scaled rough fish as established in Section 2 of this administrative regulation; (8) Immediately release all by-catch; (9) Report all harvest on a Monthly Report of Commercial Fish Harvest form, pursuant to the requirements of 301 KAR 1:155; and (10) Be suspended from the program: (a) For a three (3) month period beginning on the first day of the next month if the minimum requirements established in subsection (2) of this section are not met; and (b) For a period of one (1) year beginning on the first day of the next month if the requirements are not met a second time. Section 4. Commercial Fishing License Fee Waiver. The commercial fishing license fees as established in 301 KAR 3:022 shall be waived for a commercial fisherman who only harvests Asian carp in restricted waters. Section 5. Department Requirements. (1) The department shall: (a) Maintain a list of program participants and their contact information, which shall be: 1. Provided to known fish buyers; and 2. Updated at least weekly; and (b) Review all restricted water fishing requests as established in Section 3 of this administrative regulation. (2) The department shall approve a qualified fishing request by assigning: (a) A fishing location and boat ramp to a program participant, except that no more than two (2) program participants shall be assigned to the same one-half (1/2) mile section of water; and (b) The time period when fishing may occur, not to exceed a three (3) consecutive day period. (3) The department shall not approve a fishing request for reasons established in paragraphs (a) through (c) of this subsection: (a) Higher than normal by-catch is likely to occur at that location and time; (b) Two (2) program participants have already been approved for the same one-half (1/2) mile section of water at the same time; or (c) A requested date falls on: 1. Memorial Day; 2. Labor Day; 3. July 4; or 4. A Saturday or prior to sunset on a Sunday from April 1 through September 30. Section 6. Program disqualification. (1) A program participant whose commercial fishing license becomes revoked or suspended pursuant to 301 KAR 1:155 shall be disqualified from participating in the Asian Carp and Scaled Rough Fish Harvest Program while that license is revoked or suspended. (2) Any participant who is disqualified from participation in the program may appeal the decision in accordance with KRS Chapter 13B.

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Section 7. Incorporation by Reference. (1) "Daily Harvest and Release Summary Card," 2011 Edition, is incorporated by reference. (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.

E. Related Sources

https://fw.ky.gov/Fish/Pages/Asian-Carp-Information.aspx#ACI04 https://www.bassmaster.com/conservation-news/kentucky-lake-s-asian-carp-crisis https://www.wpsdlocal6.com/2019/01/14/new-kentucky-program-to-combat-asian-carp-begins/ http://kentuckytoday.com/stories/kentucky-awards-first-ever-fish-house-contract-to-fight-asian-carp,15594 https://www.explorekentuckylake.com/lakesarea/fishing/asian-carp.htm https://www.seafoodsource.com/news/environment-sustainability/kentucky-awards-fish-house-contract-to-combat-asian-carp-presence

6. WILD BOARS/FERAL HOGS

• Description: Kentucky’s wild and feral population is a disease threat to livestock populations.

• Specific learning objective: What steps have the Commonwealth taken to limit or control populations?

A. KRS 67.082. Declaration of epidemic area – Animal population reduction

program – Liability of state personnel. B. KRS 150.186. Release of hog or pig into the wild prohibited – Importing,

possessing, or transporting wild or feral pig or boar prohibited – Accidental escape of livestock exempted.

C. KRS 266.210. Hogs, unlawful to permit on public levee. D. 301 KAR 3:030. Year-round season for wildlife.

Section 1. Definition. "Exotic wildlife" means living terrestrial wildlife species that have never naturally existed in the wild in Kentucky, including starlings (Sturnus vulgaris), English sparrows (Passer domesticus), and Eurasian collared doves (Streptopelia decaocto).

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Section 2. Year Round Seasons. (1) A person may take coyotes, wild hogs and woodchucks year round. (2) A person taking coyotes, wild hogs, or woodchucks, unless exempted by KRS 150.170, shall possess: (a) A hunting license; and (b) A hog permit issued by the National Park Service if he is hunting on the Big South Fork National River and Recreational Area. Section 3. Unprotected Species. (1) Except for rare, threatened or endangered species protected by federal laws, a person may take year-round: (a) Exotic wildlife, except pheasants released during department administered quota hunts pursuant to 301 KAR 2:251; (b) Moles (Scalopus aquaticus, Parascalops breweri, Condalyra cristata); (c) Mice (Mus musculus); (d) Rats (Rattus rattus, R. norvegicus); and (e) Terrestrial invertebrates. (2) A person may take the species listed in subsection (1) of this section without a hunting license.

E. News Articles

https://fw.ky.gov/Wildlife/Pages/Wild-Pigs-in-Kentucky.aspx https://www.kentucky.com/news/local/article44148213.html http://www2.ca.uky.edu/KYWoodlandsmagazine/Vol6_No3/Wildpigspg_8-9.pdf http://www.kentuckymonthly.com/explore/field-notes/managing-wild-hogs/ https://www.nps.gov/biso/planyourvisit/hog-hunting.htm https://fw.ky.gov/WAP/Pages/default.aspx https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5313597.pdf https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4329133/

5. AVIAN INFLUENZA

• Description: I see outbreaks and media coverage of events, am I at risk?

• Specific learning objective: What is AI and how does the KDA control outbreak spread?

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A. KRS 257.010. Definitions for chapter.

B. KRS 257.380. Regulations by Division of Animal Health to enforce KRS 257.370 to 257.460.

The Division of Animal Health is hereby authorized to promulgate administrative regulations as may be necessary, after public hearing following due public notice, to carry out the provisions of KRS 257.370 to 257.460.

C. 302 KAR 20:250. Avian influenza.

Description of KDA/OSV authority to enter farms for the purposes of controlling movement and spread of avian influenza.

4. BACKYARD CHICKENS

• Description: Discussion of right to farm v. nuisance claims. Louisville Ordinances.

• Specific learning objective: The popularity of backyard flocks and renewed urban agriculture have led to an increase in populations and problems.

A. KRS 413.072 Relationship of agricultural and silvicultural operations to law

of nuisance and trespass – Preemption of local ordinances – Sustainable agriculture and best management practices.

(1) It is the declared policy of the Commonwealth to conserve, protect, and encourage the development and improvement of its agricultural land and silvicultural land for the production of food, timber, and other agricultural and silvicultural products. When nonagricultural land uses extend into agricultural and silvicultural areas, agricultural and silvicultural operations often become the subject of nuisance suits or legal actions restricting agricultural or silvicultural operations. As a result, agricultural and silvicultural operations are sometimes either curtailed or forced to cease operations. Investments in farm and timber improvements may be discouraged. It is the purpose of this section to reduce the loss to the state of its agricultural and silvicultural resources by clarifying the circumstances under which agricultural and silvicultural operations may be deemed to be a nuisance or interfered with by local ordinances or legal actions. (2) No agricultural or silvicultural operation or any of its appurtenances shall be or become a nuisance or trespass, private or public, or be in violation of any zoning ordinance, or be subject to any ordinance that would restrict the right of the operator of the agricultural or silvicultural operation to utilize normal and accepted practices, by any changed conditions in or about the locality thereof after the same has been in operation for more than one (1) year, when the operation was not a nuisance at the time the operation began. The provisions of this subsection shall not apply whenever a nuisance, trespass, or zoning violation results from the negligent operation of an agricultural or silvicultural operation or its appurtenances.

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(3)(a) For the purposes of this section, "agricultural operation" includes, but is not limited to, any facility for the production of crops, livestock, equine, poultry, livestock products, poultry products, horticultural products, and any generally accepted, reasonable, and prudent method for the operation of a farm to obtain a monetary profit that complies with applicable laws and administrative regulations, and is performed in a reasonable and prudent manner customary among farm operators. Agricultural practices protected by this section shall include, but not be limited to, fertilizer application, the application of pesticides or herbicides that have been approved by public authority, planting, cultivating, mowing, harvesting, land clearing, and constructing farm buildings, roads, lakes, and ponds associated with a farming operation.

(b) 1. An agricultural operation may include the practice of sustainable agriculture.

2. For purposes of this section, "sustainable agriculture" includes science-based practices that: a. Are supported by research and the use of technology; b. Are demonstrated to lead to broad outcomes-based

performance improvements that meet the needs of the present; and

c. Improve the ability of future generations to meet their needs while advancing progress toward environmental, social, and economic goals and the well-being of agricultural producers and rural communities.

3. Sustainable agriculture may use continuous improvement principles, with goals that include: a. Increasing agricultural productivity; b. Improving human health through access to safe, nutritious,

and affordable food; and c. Enhancing agricultural and surrounding environments,

including water, soil, and air quality, biodiversity, and habitat preservation.

(4) For the purposes of this section, "silvicultural operation" includes timber harvest, site preparation, slash disposal including controlled burning, tree planting, precommercial thinning, release, fertilization, animal damage control, reasonable water resource management, insect and disease control in forest land, and any other generally accepted, reasonable, and prudent practice normally employed in the management of the timber resource for monetary profit. A silvicultural operation inherently includes lengthy periods between harvests and shall be deemed continuously operating so long as the property supports an actual or developing forest. (5) An agricultural or silvicultural operation shall not lose its status by reason of a change of ownership or a cessation of operation of no more than five (5) years or one (1) year after the expiration of a state or national program contract, either in whole or in part, nor shall it lose its status by reason of changes of crops or methods of production due to the introduction and use of new and generally accepted technologies which

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allow the operator to continue an existing agricultural or silvicultural corporation, unless the operation is substantially changed. (6) The provisions of this section shall not affect the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by them on account of pollution of the waters of any stream or ground water of the person, firm, or corporation. (7) Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make an agricultural or silvicultural operation or its appurtenances a nuisance per se, or providing for abatement thereof as a nuisance, a trespass, or a zoning violation in the circumstance set forth in this section shall be void. However, the provisions of this subsection shall not apply whenever a nuisance results from the negligent operation of any such agricultural operation or any of its appurtenances. (8) Any administrative regulation promulgated by any agency that establishes standards for harvesting or producing agricultural crops in a sustainable manner shall be based on the principles outlined in this section and shall allow the use of best management practices developed under KRS 224.71-100 to 224.71-140.

B. Related Sources

http://www.louisvilleky.gov/AnimalServices/animal_ordinances/animal_ordinance_faq.htm. https://www.courier-journal.com/story/tech/science/environment/2016/07/22/raising-chickens-louisville/87429892/ https://nationalaglawcenter.org/state-compilations/right-to-farm/

3. CATTLE LIENS AND LIVESTOCK PAYMENT REQUIREMENTS

• Description: What payment rules pertain to livestock?

• Specific learning objective: USDA payment requirements are for dealers and stockyards only.

A. United States Department of Agriculture Grain Inspection, Packers and

Stockyards Act (GIPSA) B. Packers and Stockyards Act, 1921 (7 U.S.C. §181) C. Regulations under the Packers and Stockyards Act (9 CFR §201) D. KRS 261.350 Payment for Livestock Purchased by Market Agencies or

Livestock Dealers

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E. KRS 261.260 Surety Bond or Other Security Instrument or Agreement

(1) The owner or operator of any stockyard or buying station, any market agency, or any livestock dealer who is required to execute and maintain a surety bond or other security instrument or agreement in compliance with standards set out in the Packers and Stockyards Act, 7 U.S.C. secs. 181-229b, or regulations promulgated under the Act shall forward a copy of the bond or other security instrument or agreement to the department. (2) The owner or operator of any stockyard or buying station, any market agency, or any livestock dealer who is not required to file a surety bond or other security instrument or agreement under requirements in the Packers and Stockyards Act, 7 U.S.C. secs. 181-229b, or the regulations promulgated under the Act, shall file with the department a surety bond issued by a surety company authorized to transact business within the Commonwealth of Kentucky, payable to the Commonwealth with the Commissioner as trustee, or other security instrument or agreement required by the Commissioner. The terms, conditions, and amount of the bond or other security instrument or agreement shall be determined by administrative regulation. (3) In instances where two (2) or more stockyards or buying stations are owned and operated by the same person, each affiliated stockyard or buying station shall be required to show proof of credit worthiness independent of the other affiliates and shall be required to meet the provisions of subsection (1) or (2) of this section.

F. Eastern Livestock Case

https://www.justice.gov/usao-wdky/pr/owner-and-coo-defunct-eastern-livestock-company-sentenced-federal-court-committing-mail

2. INTERSTATE LIVESTOCK MOVEMENT REQUIREMENTS/ANIMAL DISEASE

TRACEABILITY

• Description: What payment rules pertain to livestock movement?

• Specific learning objective: Federal law requires animal identification for interstate movement.

A. https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/SA_Traceability B. 9 CFR §§71, 77, 78 C. 302 KAR 20:040. Entry into Kentucky. D. KRS 257.070 requires that importation of animals into Kentucky complies

with administrative regulations promulgated by the board. KRS 257.030 authorizes the board to establish necessary quarantines and other measures to control the movement of animals into, through, or within Kentucky. This administrative regulation establishes health requirements

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for entry, including entry for sales or exhibition, for livestock and animals into Kentucky.

E. U.S. District Court for the Eastern District of Kentucky, United States v.

Eugene Barber & Sons, Inc. and John M. Moran, No. 18-CR-112-JMH 1. DEAD LIVESTOCK

• Description: I saw a dead cow, aren’t my neighbors supposed to bury it?

• Specific learning objective: Kentucky requires dead livestock to be disposed of within 48 hours.

o One method of disposal is composting.

A. KRS 257.160 Disposition of carcasses – How and when made. B. KRS 257.030(3) authorizes the board to order and enforce the cleaning

and disinfection of premises and all articles and materials by which communicable diseases may be transmitted, and the destruction of diseased and exposed animals and all property and materials, as may be necessary in the eradication of disease. This administrative regulation establishes the requirements for transport of a carcass.

C. 302 KAR 20:050. Carcasses.

Section 1. If the owner of a dead carcass is unable to dispose of it as provided for in KRS 257.160 by incineration, by composting at a permitted facility, or by burial: (1) The carcass may be transported if: (a) The carcass is covered with a tarpaulin or other heavy material so that no portion of the dead animal can be exposed; and (b) The sides of the truck used for transport are made of solid material; and (2) The carcass shall not be transported in a flat-bodied truck with no sides or with sides made of slat material with openings between slats.

D. 302 KAR 20:052. Animal Carcass Composting.

KRS 257.160(3) authorizes the State Board of Agriculture to promulgate administrative regulations to implement KRS 257.160. KRS 257.160(1)(f) allows disposal of animal carcasses by composting if the disposal is performed in an approved facility and according to the board’s administrative regulations. This administrative regulation establishes required procedures for animal carcass composting.

E. Related Sources

• On-Farm Composting of Animal Mortalities: ID-166

• The requirements of the Kentucky Agriculture Water Quality Plan

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