Biological Diversity Policy

Kentucky has a formal biodiversity policy. In 1994, the Governor issued an executive order recognizing the importance of biodiversity and establishing a task force to develop a statewide strategy and provide recommendations to sustain and conserve biodiversity. In addition, the state has several related policies. By statute, the state recognizes the importance of unique natural areas and the protection and conservation of wildlife. (KY Rev. Stat. Ann. 146.410) A Biodiversity Council of state agency directors and the scientific community was created by executive order in December of 1995. This body will coordinate biodiversity conservation and education in Kentucky.

Status of Biodiversity Science

Kentucky does not have a coordinated assessment system in place. Instead, the state relies on a Natural Heritage program. (Ky. Rev. Stat. Ann. 146.610) The Natural Heritage Program has been underway for 16 years, and has data on rare species and natural communities. GAP was scheduled to begin in 1995. In addition, the Kentucky Wildlife Information System provides life history data on animal species in the state and is beginning to incorporate locational information as well.

Endangered Species

Kentucky has separate statutes governing endangered animals and plants. (Ky. Rev. Stat. Ann. 150.183, 150.990, 146.600-.619) Animals are listed based on scientific criteria only (301 Ky. Admin. Regs. 3:061), although no state list has been adopted. Agency consultation, critical habitat designation and recovery plans are not required. Penalties include fines ranging from $100 to $500 and/or up to six months imprisonment. Threatened and endangered plants have similar listing requirements. A list is being promulgated by the state Nature Preserves Commission. However, these plants are declared to be the property of the landowner, and the statutes governing their protection cannot impede the development or use of any lands.

State Agency Management for Biodiversity

State-owned Lands

Some state natural resource agencies plan and manage their lands in a biologically sustainable manner. For example, some state-owned recreation areas are designated as wildlife sanctuaries. (Ky. Rev. Stat. Ann. 148.029) Activities near wild river or stream areas are strictly regulated. A nature preserves dedication law declares such land to be the "highest and best use" of the land and this land is protected from other uses.

Cooperative Efforts

Few cooperative efforts exist to improve land management across ownership boundaries. One example is a private lands initiative between the Department of Fish and Wildlife Resources and Ducks Unlimited to help private landowners improve waterfowl habitat. The initiative would identify lands needing management for waterfowl and provide landowners with restoration and management consultation.

State Agency Training

Kentucky has state agency personnel training for biodiversity. The Cooperative Extension Service has sponsored several workshops on biodiversity topics for state foresters, natural resource managers and wildlife biologists.

Impact Assessment

Kentucky does not have a "little NEPA," requiring assessment of major proposed agency impacts on biological resources. However, the Biodiversity Task Force has addressed impact assessment and mitigation needs, and the Biodiversity Council will continue this work.

Habitat Acquisition

Kentucky has several statutory programs designed to acquire lands important because of their wildlife values. A Nature Preserves Fund is used to acquire natural areas and wetlands, using monies from a tax check-off and other sources. (Ky. Rev. Stat. Ann. 146.410-.530) A Nongame Fish and Wildlife Fund is designed to protect and preserve nongame fish and wildlife and their habitat, also utilizing tax check-off revenues. (Ky. Rev. Stat. Ann. 150.165) The Kentucky Heritage Land Conservation Fund was established to conserve lands for state parks, recreation areas, forest and nature preserves. Monies for this fund come in part from tax receipts, state appropriations, gifts, grants and federal funds. (KY Rev. Stat. Ann. 146.570) Specific levels of funding were not provided, although approximately $5 million per year is expected.

Private Land Conservation

Kentucky has some private land conservation programs to protect land for wildlife. Conservation easements are authorized by statute, although they have not been used. (Ky. Rev. Stat. Ann. 382.200) Land that is dedicated as a nature preserve receives a property tax exemption for the value of the interest dedicated. (Ky. Rev. Stat. Ann. 146.500; 400 Ky. Admin. Regs. 2:080) A Forest Stewardship Program provides consulting services to landowners on how to manage their lands for forestry purposes. A Habitat Improvement Program also provides consulting services to landowners. A state agency Private Lands Council was formed in late 1995 to coordinate and promote services to private landowners for biodiversity conservation and other natural resources purposes. Finally, a Natural Areas Registry recognizes and assists landowners who seek to protect high-quality natural areas.

Exotic Species

Kentucky has few provisions designed to control the introduction and spread of exotic species. For animals, the importation or transportation of live wildlife into the state is prohibited without a permit. (KY Rev. Stat. Ann. 150.180) For plants, the Division of Pest and Noxious Weed Control in the Department of Agriculture has an eradication program for noxious weeds. (KY Rev. Stat. Ann. 249.410) A noxious weed seed program restricts seed determined to be "highly destructive and difficult to control." (Ky. Rev. Stat. Ann. 250.021 to 250.111) Penalties for violation range from $25 to $100.

Predator or Animal Damage Control Activities

Kentucky has an animal damage control program that is run primarily by the federal government. In addition, state law allows the destruction or control of any animals, protected or unprotected, causing damage. (Ky. Rev. Stat. Ann. 150.105)

Additional Legal Protections for Biodiversity

Kentucky has a statute that allows for suits by the state upon complaint by private citizens to prevent damage to the environment. (Ky. Rev. Stat. Ann. 15.255)

Related Issues

Kentucky has some programs of public education for biodiversity. The Cooperative Extension Service has published two brochures on biodiversity, and will conduct a training for high school students and teachers. In addition, the state has an environmental education initiative, though it is not operational. The state participates in Project WILD and published a wildlife viewing guide in 1995.

Kentucky does not currently have a takings law. However, the legislature was not in regular session in 1995.

Contacts:

Department of Agriculture
7th fl., 500 Mero St.
Frankfort, KY 40601
502-564-4696

Department of Fish and Wildlife Resources
#1 Game Farm Rd.
Frankfort, KY 40601
502-564-3400

Department of Parks
10th Fl. Capital Plaza Tower
Frankfort, KY 40601
502-564-2172

Natural Resources and Environmental
Protection Cabinet
5th Fl., Capital Plaza Tower
Frankfort, KY 40601
502-564-3350

State Extension Services
Dept. of Forestry
University of Kentucky
Lexington, KY 40546
606-257-8633