RELATES TO:

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

STATUTORY AUTHORITY:

KRS 150.025(1)(c), 150.4111(1), 150.4112, 150.4113

NECESSITY, FUNCTION, AND CONFORMITY:

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

1. Section 1. Definitions.

   1. (1) "Deer" means Odocoileus virginianus.
   2. (2) "Elk" means Cervus elaphus nelsoni.
   3. (3) "Wild turkey" means Meleagris gallopavo sylvestris.
   4. (4) "Black bear" means Ursus americanus.
   5. (5) "Bobcat" means Lynx rufus.

2. Section 2.

   1. (1) A mounted wildlife specimen purchased from or sold to a licensed taxidermist pursuant to KRS 150.4111 shall be exempt from the requirements of this administrative regulation.
   2. (2) A mounted wildlife specimen may be bought or sold by any person or entity, except as prohibited by federal law.
   3. (3) A nonprofit charitable, religious, or educational institution, which has qualified for exemption pursuant to 26 U.S.C. 501(c)(3), may sell mounted wildlife specimens if the mounts have been donated, except as prohibited by federal law.

   4. (4) Prior to selling a mounted wildlife specimen of a species established in paragraphs (a) through (e) of this subsection, the seller shall first obtain a registration number from the department by completing the online registration process on the department's Web site at fw.ky.gov for each mounted specimen of:

      1. (a) Black bear;
      2. (b) Bobcat;
      3. (c) Deer;
      4. (d) Elk; or
      5. (e) Wild turkey.
   5. (5) Prior to selling a mounted wildlife specimen of a species established in subsection (4) of this section, the seller shall affix the registration number to the mount in a clear and legible manner.
   6. (6) A department registration number shall be required for each sale of a mounted wildlife specimen established in subsection (4) of this section.

History

(48 Ky.R. 1977, 2404; ef. 5-31-2022.)

FILED WITH LRC: February 7, 2022

CONTACT PERSON: Beth Frazee, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone (502) 564-3400, fax (502) 564-0506, email fwpubliccomments@ky.gov.